Do Ten Pro Bono Cases: Delhi High Court To Lawyer While Quashing FIRs Lodged Against Him By Ex-Wife

The Delhi High Court recently directed a lawyer to do ten pro bono cases while quashing two FIRs registered against him by his former wife, after they amicably settled the disputes and got talaq.

Justice Dinesh Kumar Sharma quashed the FIRs registered under Section 498A, 406 and 34 of Indian Penal Code and Section 4 of Dowry Prohibition Act, 1961 as well as under Section 354 IPC and 10 of the POCSO Act.

The cases were registered by the wife due to matrimonial disputes between her and the husband. After a settlement was entered between them, they were granted Talaq-E-Mubarat.

The court quashed the cases after the complainant-wife submitted that both the cases were registered as a result of matrimonial dispute and that the POCSO FIR was lodged on account of a misunderstanding.

She told court that she had amicably resolved all her differences with her former husband and that since they had been granted talaq, she no longer wished to pursue the complaints and had no objection if the same get quashed.

Both the complainant-woman and petitioner-lawyer told the court that the settlement arrived between them was only with respect to their rights and titles and not with respect to the rights, titles and interest of the children.

“Upon a careful perusal of the FIR and the pleadings before this Court, it is amply clear that the issue in the present case stems from a matrimonial dispute between the parties. The parties have already settled the matter and have been granted Talaq,” the court said while quashing the FIRs.

The court however took note of the “growing tendency” in parties alleging grave allegations on one another merely to win matrimonial battles and strongly deprecated the practice of children being used as an instrument to set the criminal justice in motion solely to harass the other.

“In the present case, admittedly the dispute arose due to matrimonial discord between the parties. The petitioner is stated to have clear past antecedents. The FIR lodged under provisions of POCSO have admittedly been lodged owing to misunderstandings between the parties,” the court said.

Justice Sharma added that the children born out of the wedlock will be free to pursue their legal rights in accordance with the law.

“The parties have entered into a settlement only with regard to their rights and titles. The rights, titles, and interests of the children to pursue their legal remedies as per law is left open,” the court said.

It added, “Moreover, since such cases place a burden on the criminal justice system, the petitioner Wasim Ahmad who is a lawyer by profession is directed to do ten Pro bono cases.”

The court requested the member Secretary of Delhi State Legal Service Committee to assign ten cases which the lawyer shall do Pro bono and sought a compliance report within a month.