“Message be sent to society at large, compromise is best way possible to settle disputes”: Delhi High Court while quashing FIR in Matrimonial dispute

In a matrimonial dispute, the Delhi High Court on Monday observed that compromise is the best way possible to settle disputes and the sooner the better.

Court was dealing with a petition for quashing of a First Information Report (FIR) by a woman under Section 376 (rape), 354 (assaulting a woman), and 498A (husband or relative of husband of a woman subjecting her to cruelty) of the Indian Penal Code (IPC)against her father-in-law after the parties reached a compromise.

Quashing the FIR, a single-judge bench of Justice Swarana Kanta Sharma observed, “The fact that nowadays 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.”

Court stated, “Though ordinarily, cases under Section 376 IPC should not be quashed and should be taken as a crime against the 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 the interest of justice that if the FIR in its entirety is quashed.”

The case of the complainant was that the charge sheet had been filed under Section 376 of the IPC but, in her statement given under Section 164 of the Code of Criminal Procedure (CrPC), she stated that only an “attempt to rape” had been made by her father-in-law.

The complainant had further stated that she had now entered into a compromise out of her own free will and had no objection to quashing the FIR.

Appreciating the stand taken by the complainant, Court stated that any case coming to an end is a welcome step as it decreases the pendency of the Courts, more so, in matrimonial offenses 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.

Court 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 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,” noted the Court and said that a Demand Draft (DD) of Rs. 10 Lacs be handed over to the complainant in the Court today towards a settlement amount.

Conclusively, given the “overall facts and circumstances of the case", the Court, however, directed the petitioner to deposit a sum of Rs.12,500 in the Delhi High Court Advocates Welfare Fund within a week.

Accordingly, the FIR registered at Police Station Mehrauli is quashed.

Case Title: Arshad Ahmad and Ors. State NCT of Delhi and Anr.