‘Not mere matrimonial wrong’: Delhi High Court refuses to quash ‘heinous’ sexual misconduct charges against brother-in-law

The court underscored that while exercising inherent powers, it cannot be expected to look the other way and allow such serious charges to go unpunished. Whether these charges are truthful is for the trial court to decide after conducting a full-dress trial, and this court shall not conduct a mini-trial to ascertain the same, the Delhi High Court stated.

“Either way, the inherent powers of the high court cannot be invoked to dump such serious and heinous allegations under the carpet,” Justice Kathpalia noted.

Case of sexual misconduct

The petitioner moved the Delhi High Court seeking to quash the FIR, which includes charges under section 498A (cruelty to married woman by husband or relatives), 406 (criminal breach of trust), 354 (assault or criminal force against a woman with the intent to outrage her modesty) and 34 (common intention) of the Indian Penal Code (IPC), along with Section 4 of the Dowry Prohibition Act.

The plea for quashing the FIR was based on the claim that the de facto complainant had settled all matrimonial disputes with the petitioners.

However, representing the state, the Additional Public Prosecutor (APP) Hemant Mehla referred to certain serious allegations of sexual misconduct levelled in the subject FIR against the present petitioner, who is the brother-in-law of the complainant.

It is contended that in view of such serious allegations of sexual misconduct, the FIR cannot be quashed on the pretext of a settlement between the parties. Further, it is submitted that the trial is already listed for consideration of the charge in July.

It is contended on behalf of the petitioners that, according to the settled legal position, the Delhi High Court can exercise inherent powers to quash the FIR where the offence alleged is a matrimonial wrong or a civil wrong and the court is of the view that ends of justice call for quashing the FIR.

‘Extremely serious allegations’

• What is to be examined is whether the subject FIR bears allegations of only matrimonial/civil dispute, and if so, whether it would be in the interest of justice to quash the subject FIR.
• The subject FIR runs into as many as 18 pages. One of the allegations of sexual misconduct occurred when the complainant, de facto, just came out of her bathroom, and she saw the petitioner lying on her bed, due to which she felt shocked and nervous, and asked him to immediately leave her room.
  In view of the submission of petitioners that no such incident took place, the complainant, de facto, present in the courtroom, affirmed the incident.
• These are extremely serious allegations, which ought not to be ignored, the Delhi High Court said.

‘Court can’t take general view on such allegations’

• The expression “interest of justice” does not mean simply disposing of a matter to suit the convenience of the litigants, but also to lessen the burden on dockets by one case, the Delhi High Court stated.
• The judge said he is not oblivious that in the recent past, the complaints lodged for offences under Section 498A/406 of the Indian Penal Code IPC also contained such serious allegations of sexual misconduct.
• But that does not mean that the court can take a general view that such allegations are always false and levelled only to ensure that the accused does not get released on bail.
• On the other hand, if, after trial, such allegations are found to be false, it is the complainant de facto who should face prosecution.
• Each such case must be tested on its merits, otherwise even genuine victims would suffer, the Delhi High Court stated.