The Delhi High Court has observed that in matrimonial offences, quashing of FIR is welcome as it shows that parties have decided to put an end to the case and as well as to the misery they undergo due to a matrimonial case pending between them.

The Court made the observations while quashing an FIR filed by under sec. 376, 377, 498-A of the Indian Penal Code, 1860 read with sec. 34 of the Code.

The Court noted that chargesheet was filed under sec. 376, however, in the lady’s statement under sec. 164 Cr.P.C., the complainant had stated that only an attempt to rape had been made by her father-in-law and that Charges were not yet framed by the Trial Court.

The Court further noted that the complainant stood by her statement and also stated that she had entered into a compromise out of her own free will and without any pressure, coercion or threat.

The court 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.”

The Court was of the view that the complainant was a young lady who was looking for a bright future for herself, which was depended on quashing of the FIR in lieu of a settlement which she stated that she had entered out of her free will and without coercion, pressure or threat.

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 and another sum of Rs.12,500 in Advocates Welfare Fund, Rohini Courts.