The Delhi High Court recently comprising of a bench of Justice Swarana Kanta Sharma has said that quashing of FIR in matrimonial offences is welcome as it shows that parties have decided to put an end to the dispute as well as the misery. (Arshad Ahmad v. State NCT of Delhi)
The bench while quashing an FIR for the offence of rape and cruelty by a woman against her father-in-law and others, said that that there was a need to curb the use of sexual offences along with the offence of cruelty in matrimonial cases and that compromise is the best way possible to settle disputes as soon as possible.
Facts of the case.
The instant petition under Article 226/227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, was filed by the petitioners praying for quashing of FIR registered at Police Station Mehrauli for offences punishable under Sections 376/377/498-A of the Indian Penal Code, 1860 read with Section 34 IPC.
In the present case, which is a matrimonial dispute, it was noted that charge-sheet was filed under Section 376 of the Indian Penal Code, 1860, however, in her statement under Section 164 Cr.P.C., the complainant has stated that only an attempt to rape had been made by her father-in-law. Charges have not yet been framed by the learned Trial Court.
Contention of the Parties
The complainant was present in person and the Court questioned the complainant regarding the same. She stood by her statement which she had given under Section 164 Cr.P.C. On a query made by this Court, complainant, who is present in person, stated that she has entered into a compromise out of her own free will and without any pressure, coercion or threat. She stated that she has no objection if the FIR is quashed.
Courts Observation and Judgment
The bench at the very outset remarked, "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. 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."
The bench further observed, “The complainant is a young lady who is looking for a bright future for herself, which depends on quashing of the present FIR under 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.”
The Court noted said that a Demand Draft (DD) of Rs. 10 Lacs be handed over to the complainant in the Court towards a settlement amount.
The bench observed, “The Court wishes that the compromise would 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.”
The court quashing the FIR remarked, "However, keeping in view the overall facts and circumstances of the case, I direct the petitioner to deposit a sum of Rs.12,500/- in the Delhi High Court Advocates Welfare Fund within a week and the receipt thereof will be filed in proof thereof."
Read Judgment @Latestlaws.com
Picture Source :
