Do 10 Pro Bono Cases: Delhi High Court Directs Lawyer While Quashing Two FIRs Against Him In Matrimonial Dispute
|The Delhi High Court has quashed two FIRs while directing the petitioner, who is a lawyer to handle ten pro bono cases. These petitions were filed to quash two FIRs under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, and under Section 354 IPC and 10 POCSO Act. Both FIRs were filed by the petitioner's wife.
A Bench of Justice Dinesh Kumar Sharma tasked the Delhi State Legal Service Committee to assign these cases to the petitioner. The Court stated, “While this Court acknowledges the growing tendency in parties alleging grave allegations on one another merely to win matrimonial battles and strongly deprecates the practice of children being used as an instrument to set the criminal justice in motion solely to harass or intimidate the other party. Be that as it may, this Court under 482 CrPC has the inherent jurisdiction to quash any criminal proceedings in order to secure the ends of justice or to prevent the abuse of the process of the Court.”
One FIR alleged mental and physical harassment, cruelty, dowry demands, beatings, and threats to the wife's life. Another FIR claimed that the petitioner inappropriately touched their daughter's private parts. This FIR was registered amid a matrimonial dispute. The complainant initially attributed a rash to diapers but later suspected foul play.
The parties had reached an amicable settlement on May 11, 2023 at the Saket Courts Mediation Centre, agreeing on several terms wherein husband gave talaq to the wife and the parties agreed to withdraw all the pending litigations.
Advocate D. K. Srivastava appeared for the Petitioners and Advocate Rupali Bandhopadhyay appeared for the Respondents.
The Court recognized a troubling trend of serious allegations in matrimonial disputes but affirmed its authority under Section 482 of the CrPC to quash criminal proceedings in the interest of justice and to prevent misuse of the legal system.
The Court said that in this case, the dispute arose from a marital discord, and the petitioner had a history of past incidents. The FIRs, particularly the one under POCSO, were based on misunderstandings between the parties.
The Court considered the specific circumstances and the fact that the parties have reached an amicable settlement, obtained mutual divorce, and the complainant no longer wishes to pursue the complaints, thus continuing with the FIRs would serve no purpose and might prejudice the petitioner.
As a result, the Court quashed both FIRs, along with all subsequent proceedings stemming from these FIRs. The Court ensured that the children born from the marriage retain their rights to pursue legal remedies. A compliance report was to be filed within a month, and the case was scheduled for a compliance check on October 11, 2023.
Cause Title: Wasim Ahmad & Ors. v. Government of NCT of Delhi & Anr., [2023:DHC:6492]
Click here to read/download Judgment