LI Network
Published on: 12 September 2023 at 13:33 IST
The Delhi High Court has dismissed two First Information Reports (FIRs) filed against a lawyer by his wife in 2020, while also setting an unusual condition.
Justice Dinesh Kumar Sharma, while considering the settlement reached between the estranged couple, absolved the lawyer of the charges.
The cases had accused the lawyer of harassment, cruelty, dowry demands, and even touching the private parts of their daughter. Under the terms of their settlement, the husband gave a “talaq” to his wife, and both parties agreed to withdraw all pending legal actions.
The lawyer’s ex-wife clarified in court that the FIR under Section 354 of the Indian Penal Code (IPC) and Section 10 of the Protection of Children from Sexual Offences Act (POCSO Act) were registered due to misunderstandings.
The High Court expressed concern over the increasing trend of making grave allegations in matrimonial disputes, especially when involving children. It strongly discouraged the use of children as tools to intimidate or harass the other party.
However, the court emphasized the need for a pragmatic approach to prevent the misuse of legal processes.
Justice Sharma observed that the likelihood of conviction in the cases before the court was minimal, as the complainant no longer wished to pursue the complaints.
The court stated, “The petitioner is stated to have clear past antecedents. The FIR lodged under provisions of POCSO has admittedly been lodged owing to misunderstandings between the parties.”
Consequently, the court quashed the FIRs but imposed a unique condition on the lawyer. As a parting condition, the lawyer was directed to take up ten pro bono cases due to the burden such cases place on the criminal justice system.
The court requested the Delhi Legal Service Committee to assign ten cases to the lawyer and instructed that a compliance report be filed within one month.
