The Court said that the rising trend of women filing false rape cases against men must be addressed sternly.
The Allahabad High Court recently quashed a rape case filed by a woman against a man after noting that the first information report (FIR) lodged by her was false and that they have married each other and were leading a happy life [Shivam Kumar Pal v State & Ors]
The Court also imposed costs of ₹10,000 on the woman while quashing the case and said that the rising trend of women filing false rape cases against men must be addressed sternly.
“Since, the first informant has categorically admitted having filed a false and concocted first information report, she is liable to be saddled with heavy costs,” the Court said in an order passed on July 27.
A Bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh said that criminal justice system cannot be used as a tool to settle personal scores.
“The practice of lodging such first information reports and falsely making serious allegations of rape cannot be permitted. Such a practice has to be dealt with a heavy hand. The criminal justice system cannot be permitted to be used as a tool for setting personal disputes by filing first information report which are admittedly false,” the Court held in July 26 order.
The order was passed on a plea by one Shivam Kumar Pal accused of rape (Section 306 IPC), criminal breach of trust (Section 406 IPC) and criminal intimidation (Section 506 IPC).
The accused contended that the FIR was fabricated and concocted and the accused and complainant have solemnized their marriage as both are major. They are happily living together as husband and wife on their own free will, it was submitted.
The counsel for the complainant-woman too concurred with the submission of the accused.
The Court also noted that the woman had written to the Commissioner of Police, Prayagraj admitting that the FIR was false and filed in a huff.
After examining the material submitted and considering the submissions of the parties, the Court said that the FIR was lodged to pressurize the petitioner and to settle scores.
Hence, it quashed the case while also imposing costs of ₹10,000 on the woman.
“We also impose costs of ₹10,000 upon the first informant, respondent no.3, which shall be deposited within a period of 10 days from today, failing which, the same shall be recovered as arrears of land revenue from the respondent no.3,” the bench ordered.
