The Allahabad High Court recently quashed a rape case after noting that the First Information Report (FIR) lodged in the matter of a rape by a woman was false and that they have married each other and were leading a happy life.
While quashing the rape case filed by the woman, the Court also imposed costs of ₹10,000 and further said that the increasing trend of women filing rape cases against men must be addressed sternly.
The Court said in an order given on July 27, “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.“
A Bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh said that the criminal justice system cannot be taken for granted and used as a tool to satisfy self-centred ego or settle personal scores.
The Court held in July 26 order, “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 order was given on a plea by one Shivam Kumar Pal accused of rape and charged under several criminal Sections of IPC such as Section 306 IPC, Criminal breach of trust (Section 406 IPC), and criminal intimidation (Section 506 IPC).
The accused also contended that the FIR was fully fabricated and the accused and complainant have solemnized their marriage as they both are major. At present, they are happily living together as husband and wife on their own mutual will and understanding; it was also submitted in the Court.
The counsel for the complainant-woman was also agreed with the submission of the accused.
The Court also noted that the woman had written a letter to the Commissioner of Police, Prayagraj in which the woman had admitted that the FIR was false and filed it intending to settle personal scores.
After examining all the material submitted and considering the submissions of the parties, the Court said that the FIR was lodged to put pressure on the petitioner and settle personal scores.
Hence, the Court eventually, quashed the case while also imposing costs of ₹10,000 on the woman.
The bench directed, “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.“
Source: https://www.barandbench.com/news/litigation/allahabad-high-court-imposes-10k-costs-woman-false-rape-case-man-married-him