The Allahabad High Court in its order dated April 04, 2022 quashed a false Rape FIR lodged by a woman as the Court found that the lodging of an FIR was a way to build pressure upon the petitioners so as to get her marriage solemnised.
The complainant woman had later on, got married to the accused, whom she claimed to be her rapist.
Case:
An FIR was lodged under:
- Section 376
- Section 452
- Section 308
- Section 323
- Section 504
- Section 506
…of the IPC alleging that the accused man established physical relations with the complainant woman, who was separated from her husband, on the promise of marriage, however, without her consent.
However, later on, they both got married to each other and compromised the matter. Thereafter, the now wife of the accused, filed an application before the Investigating Officer stating that some people had created a rift between them, and hence the FIR had been lodged by her.
Allahabad High Court
On hearing the matter, the bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed, that in her application, the woman had clearly stated that there was no physical relationship between accused and the first informant and that the first informant was only in love with him.
In view of this, the Court, having noted that there was an admission by the first informant that the FIR, which contained an allegation of rape, was completely false, thus remarked,
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 solemnised. Such an approach and manifestly false first information report is nothing but sheer abuse to the process of law.
Imposing a fine of Rs 10,000 on the complainant woman for filing false rape case, the bench said,
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.
The fine was levied after the complainant woman admitted to having lodged a false and baseless FIR only for personal gain.
Leave your comments on the case below? Are Men being trapped for marriage misusing totally lopsided rape laws?
READ ORDER | Allahabad HC Fines Rs 10K Cost On Woman For Filing #FalseRape FIR To Build Pressure On Accused For Marriage
— Men’s Day Out (@MensDayOutIndia) April 25, 2022
▪️Woman, separated from husband, filed FIR against another man for developing physical relations on pretext of marriage@AmitShahhttps://t.co/eII3EUHkjZ
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