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Allahabad HC imposes 10K penalty on woman for filing false rape case.

The Allahabad High Court imposed Rs. 10,000 cost on a woman who had admittedly lodged a false and baseless first information report against a man under Sections 376, 452, 308, 323, 504, 506 of the Indian Penal Code. The couple got married after around three months of the lodging of the FIR. 

The allegation in the F.I.R. is that the petitioner established physical relations with the first informant, who was separated from her husband Shakeel, on the promise of marriage, however, without her consent.

On 14.8.2021, Salman, his brother-in-law Zulqar and aunt Fareeda came to the house of the first informant when she was alone. They abused and beat her. At that moment, her son arrived and saved her.

Thereafter, the accused ran away. In the writ petition, it has been averred that the petitioner Salman and the first informant were in live-in relationship and that the first informant is a divorcee with a son from her previous marriage. It has also been averred that on 13.12.2021, Salman and the first informant have got married.

In the FIR, the woman had alleged that one Salman had established physical relations with her who was separated from her husband Shakeel, on the promise of marriage, however, without her consent. However, in the writ petition moved by Salman, it had been averred that he and the woman were in a live-in relationship and the FIR was lodged on account of misunderstanding.

The writ petitioner had alleged that Salman and the woman were to get married but the marriage got postponed on account of the Covid-19 pandemic and, therefore, out of frustration and on account of misunderstanding, the first information report was lodged.

After three months of the registration of the FIR, the woman had filed an application before the Investigating Officer in which she had stated that some people had created a rift between the first informant and Salman and hence the first information report had been lodged by her.

Court noted, 

“It is clear that there is an admission by the first informant that the first information report lodged by her, which also contains allegation of rape, is completely false. It also appears that the first information report was lodged on false allegations only to build pressure upon the petitioners so as to get her marriage solemnized. Such an approach and manifestly false first information report is nothing but sheer abuse to the process of law.

Taking a serious view of the woman’s act and its consequences, Court added, “The justice delivery system which includes the investigating agency as also the Courts cannot be made an instrument of settling personal score specially when in our country the legal system is already overburdened. Such misuse is only going to further confound the situation eating the precious time of both, the Investigating Agency and the Courts in dealing with false cases and as a consequence, thereof genuine cases are bound to suffer.”

Therefore, while quashing the said FIR, Court saddled the woman with a cost of Rs. 10,000.

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