The practice of registering cases under rape or cruelty by husband/his relative, which are later sought to be quashed needs to stop - Delhi HC

COURT: Justice Swarna Kanta Sharma of Delhi HC 

CASE: Arshad Ahmad & Ors v. State of NCT of Delhi

The Delhi HC observed that the practice of registering cases under rape, assault or cruelty by husband or relative of husband of the Indian Penal Code (IPC), which are later brought to court for quashing, needs to be curbed.

The Court was hearing a petition seeking the quashing of an FIR registered by a daughter-in-law under Sections 376 (rape), 377 (unnatural sex) 498-A (cruelty by husband or his relatives)of the IPC. Later, the daughter-in-law informed that an attempt to rape had been made by her father-in-law and not rape.

The complainant informed the single judge that she had entered into a compromise and had no objection to quashing the FIR. Therefore, the judge quashed the FIR against the father-in-law.

The judge said that cases under Section 376 IPC ought to be viewed as crimes against society and therefore, are not quashed. However, in circumstances such as this matrimonial dispute case where rape was not committed and the woman's future is dependent on the FIR, it will be in the interest of justice if the FIR is quashed.