Can FIR U/S 377 (Unnatural Sex) be quashed

Courts have ordered that FIR u/s 377 shall be quashed if settlement between spouses has taken place and they have taken the decision of moving ahead in life.

Section 377 of IPC (Unnatural Sex):

Anyone who voluntarily engages in sexual activity with another person or animal against the laws of nature is punishable by a term of life in jail or by a period of imprisonment of either kind that may last up to 10 years, as well as by a fine.

Rifakat Ali & Ors. V. State & Anr. 

Court dismissed FIR u/s 377 of Indian penal Code on the grounds that parties have resolved the issue amicably as it was matrimonial dispute. As a result of the same FIR that was filed u/s 406, 498A, 354, and 34 of the IPC was also quashed.

Analysis:

1. Husband, who has petitioned to High Court to quash the FIR and wife has resolved all the disputes and disagreements amicably via agreement.
2. As per agreement, husband shall pay the wife a lump sum payment of Rs. 74,00,000/- (Rupees Seventy Four Lakh) as full and final settlement of all claims including Stridhan, child maintenance and permanent alimony and the wife shall invest Rs. 10,00,000/- (Rupees Ten Lakhs) towards the bright future of minor child which he can use till the child attains majority.
3. That wife will be the sole guardian of the minor child and will retain the custody of the child.

Custody of Child:

It was decided that guardianship of a minor child aged about 9 years shall remain with the wife. The husband may have a video call with the child or may alternatively meet the child for one (1) hour in a week and the planning shall be done on whatsapp.

Agreed Settlement Amount:

1. Rs. 20,00,000/- at the time of signing of Agreement
2. Rs. 20,00,000/- at time of recording of statement in first motion
3. Rs. 20,00,000/- at the time of second motion
4. Rs 14,00,000/- at time of quashing of FIR

Affidavit by Wife:

Wife filed an affidavit affirming that her claims and grievances has been settled with her husband in the above-mentioned FIR and mentioned that she does not have any objection if FIR against her husband is quashed as she has already settled the claim due to her.

Delhi High Court:

The offence under Section 354 IPC is also permitted to be quashed in order to put an end to any disagreements between the parties and enable them to start a new chapter in their life, according to the Delhi High Court.
Lead India has a panel of expert criminal and divorce lawyers who can help you settle the matrimonial cases without any anxiety and hustle.  To have a discussion over your issue you can avail legal advice via our website and definitely your FIR can be quashed if you are stuck in such an issue.