The Delhi High Court in the case AK & Ors. v. State And Anr observed and has stated that the act of pressing rape charges by the complainant in the matrimonial cases which being against the husband and his family members which are later settled needs to be curbed.
The bench headed by Justice Yogesh Khanna in the case observed and has noted that serious offence of rape as stated under section 376 of Indian Penal Code, 1860 is being pressed the investigation of case by the complainants in the matrimonial lis against the husband and his family members, while putting the entire family to malign.
Adding to it, the court stated that the rape charges are being framed with the settlement of the matrimonial disputes between the parties.
The court in the said case observed in an FIR registered under section 406, section 498A, section 506, section 376 and section 34 of the Indian Penal Code, 1860. Thus, the court in the case also imposed a cost for an amount of Rs. 10,000 on the complainant wife which needs to be deposited with the Rohini District Courts Bar Association.
The court in the case observed that these acts of the complainants needs to be curbed so that in future one will think sensibly before involving the family members of husband in such a serious offence as its is stated under Section 376 of the Indian Penal Code, 1860 which being beside the matrimonial dispute. Thus, the complainant in the case needs to be put to some terms.
Last year, in the month of November, the husband had agreed to pay an amount of paid Rs. 5 lakhs to the complainant wife which being towards her all the claims of alimony, the maintenance and also the first motion proceedings of mutual divorce were also being completed.
The counsel appearing for the State submitted before the court that it had no option if the court allow the plea.
The bench headed by Justice Khanna stated that there being no impediment in quashing of the FIR as the complainant had settled all the disputes and has also received the settled part amount from the husband and also from her in-laws.
Further, the curt stated that it being the serious offence as stated under Section 376 of the Indian Penal Code, 1860 during investigation of the cases by the complainants in a matrimonial lis and even the family members of husband are being roped in the case while putting the entire family to malign, while settling the matrimonial disputes, wherein the charges framed under Section 376 of the Indian Penal Code, 1860 are being settled.
The court in its order stated that the balance amount for Rs.1.00 lac shall be paid off to respondent No.2 which being at the time of second motion proceedings.
Accordingly, the court stated that there being no use to continue with the proceedings against petitioners as it would never entail in conviction of petitioners.
