As Delhi High Court is hearing a batch of petitions in the Marital Rape PIL, on the other hand the same Delhi High Court has recently expressed, how it is pained to note the increasing tendency of filing rape complaints in matrimonial cases against male members of the husband’s family, just to exert pressure.
In his order dated January 19, 2022, Justice Subramonium Prasad said:
This Court is pained to note that in matrimonial cases, there is an increasing tendency of filing such complaints for an offence under Section 376 IPC against the father-in-law, brother-in-law or any other male member of the family of the husband just to exert pressure on the family of the husband.
Case:
The present petition under Section 482 Cr.P.C. has been filed for quashing an FIR dated 15.12.2020 registered at Police Station Hari Nagar for the offences under:
- Section 376 (Rape)
- Section 377 (Unnatural Sex)
- Section 354 (Assault to Woman)
- Section 506 (Criminal Intimidation)
- Section 509 (Outraging Modesty of Woman)
- Section 34 (Criminal Act with Common Intention)
…of the IPC.
The present FIR was an outcome of a matrimonial disputes between the woman and her husband and in-laws.
Delhi High Court
The Court quashed the FIR on the ground that the parties had amicably settled their disputes by a settlement agreement before the Delhi High Court Mediation & Conciliation Centre. The court said,
Even though there was an allegation of rape against the father-in-law of the complainant, this Court is of the opinion that no useful purpose would be served in continuing with the present proceedings.
The Court took note of the fact that a petition for divorce by mutual consent was filed before the Family Court and that the marriage between the parties stood dissolved.
Settlement Amount Paid By Husband
As per the settlement agreement dated 29.11.2021, the husband had agreed to pay a sum of Rs 65,00,000 (Rupees Sixty-Five Lakh) to the complainant wife towards the full and final settlement of all her claims, including stridhan, dowry articles and maintenance.
Husband has already paid a sum of Rs 10,00,000 (Rupees Ten Lakh) to the complainant wife at the time of proceedings of first motion and a sum of Rs 25,00,000 (Rupees Twenty-five lakh) at the time of proceedings of the second motion, and the balance amount of Rs 30,00,000 (Rupees Thirty Lakh) was to be paid at the time of quashing of the FIR.
Statement By Wife Who Filed Criminal Cases
The complainant wife states that she has received the entire amount as per the settlement and has settled all her matrimonial disputes with the petitioners out of her own free will, without pressure, coercion or undue influence and states that she does not want to pursue with the present case any further and requests that the present FIR and the proceedings emanating therefrom may be quashed.
The court said,
This Court is exercising its jurisdiction under Section 482 Cr.P.C. to quash the instant FIR in view of the settlement arrived at between the parties and in view of the fact that matrimonial disputes have been settled before the Delhi High Court Mediation & Conciliation Centre and the marriage stands dissolved.
The plea was accordingly disposed of.
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WATCH:
Woman Withdraws False Rape Complaint Against Father-in-Law After Husband Pays Rs 65 Lakh Alimony
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