The below order from the Delhi High Court is clearly a precursor to how most cases under Marital Rape law will unfold. Our system seems to have completely collapsed and instead of fixing the loopholes, Courts are happy to quash false rape cases after ‘complainant woman and the accused enter into settlement’.
In its order dated June 02, 2022, the Delhi High Court observed that quashing of FIR in matrimonial offences is welcome, as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due to a matrimonial case pending between them.
The present case is that of a matrimonial dispute, where charge-sheet has been filed under Section 376 of the Indian Penal Code, 1860 (Rape), however, in the complainant’s statement under Section 164 Cr.P.C., she has stated that only an attempt to rape had been made by her father-in-law.
Charges had not yet been framed by the learned Trial Court.
Now, the complainant has visited Court in person to quash the False Rape FIR, since she has entered into a compromise out of her own free will and without any pressure, coercion or threat. She informed Court that she has no objection if the FIR is quashed.
Delhi High Court
Justice Swarana Kanta Sharma went on to observe that Sections 376 and 354 of IPC are being used along with Section 498-A IPC, which later on, are compromised and are brought to this Court for quashing. While agreeing that this needs to be curbed, Justice Sharma said,
Though any case coming to an end is a welcome step as it decreases the pendency of the Courts, more so, in matrimonial offences quashing is welcome as it shows that parties have decided to put an end to the lis as well as to the misery they undergo due to a matrimonial case pending between them.
Adding further, the Court remarked,
The fact that now-a-days Sections 376 and 354 of IPC are being used along with Section 498-A IPC, which later on are compromised and are brought to this Court for quashing, needs to be curbed. This Court appreciates the stand taken by the complainant and her wish to move on in life as her future depends on settlement of this matrimonial dispute and quashing of this FIR.
In case the FIR is not quashed in this case, the entire settlement between the parties will come to an end. The complainant is a young lady who is looking for a bright future for herself, which depends on quashing of the present FIR pursuant to a settlement which she states before this Court, she has entered out of her free will and without coercion, pressure or threat.
She also states that it was a family dispute and she no more wants the same to be tried in any Court of Law in any form.
Quashing of Rape Charges
Elaborating on how heinous charges of rape should not be quashed, Justice Sharma said,
Though, ordinarily, cases under Section 376 IPC should not be quashed and should be taken as a crime against society at large, however, in the peculiar circumstances of this matrimonial dispute case where the complainant states that her future depends on quashing of the FIR and states that rape was not committed upon her, it will be in interest of justice that if the FIR in its entirety is quashed.
Time Wasted For Court & Investigating Agency
Speaking about how this false case had wasted too much time of the Court and the Investigating Agency, the Delhi High Court expressed,
Compromise could have taken place much earlier. However, through this order let a message be sent to the society at large that compromise is the best way possible to settle disputes and the sooner the better.
WATCH: Marital Rape Verdict | Advocate J Sai Deepak | Other Side
Compromise/Settlement Amount Paid To Complainant Woman
A Demand Draft in the sum of Rs 10,00,000 (Rupees Ten Lakh Only) was handed over to the complainant in the Court towards settlement amount.
Accused To Pay Penalty
The Court thus quashed the FIR by directing the petitioner to deposit a sum of Rs 12,500 in the Delhi High Court Advocates Welfare Fund. The Court also directed the Petitioner to deposit another sum of Rs 12,500 in Advocates Welfare Fund, Rohini Courts.
What is the message given by Delhi High Court? Whether you are a man, woman or transgender, leave your comments on the tweet below.
READ ORDER | Delhi HC Allows Complainant Woman To Quash #FalseRape Charges Against Father-in-Law After Receiving Rs 10 Lakh— Voice For Men India (@voiceformenind) June 7, 2022
Justice Swarana Kanta Sharma:"Court appreciates complainant's wish to move on as her future depends on settlement of this dispute"https://t.co/E7blCZ1t4b
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