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Pained to note increasing tendency of filing rape complaints against male members of husband's family in matrimonial cases
Luv Sharma and Ors Vs State and Anr
About/from the judgment:
The High Court has recently said that 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.
The Court 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."
The Court quashed an FIR registered under sec. 376, 377, 354, 506, 509, 34 of IPC which arose out of a matrimonial disputes between the parties.
The plea was filed seeking quashing of 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.
"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 said.
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.
It was also stated that under the settlement agreement, the husband had agreed to pay a sum of Rs.65,00,000 to the complainant wife towards the full and final settlement of all her claims, including stridhan, dowry articles and maintenance.
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 Court said.
The plea was accordingly disposed of.
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