Allahabad High Court Imposes ₹10K Cost On Woman Who Filed FIR On 'False' Rape Charges Against Husband Before Marrying him

The Allahabad High Court recently quashed an FIR lodged pursuant to the false allegations of rape made by a woman (who later on, got married to the accused) 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 solemnized.

"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 bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed as it 'saddled' Rs. 10K Cost on the alleged victim/first informant.

The Court ordered thus while dealing with a writ plea moved by the accused (now the husband of the first informant).

Essentially, the FIR was lodged under Sections 376, 452, 308, 323, 504, 506 I.P.C alleging that the petitioner-accused established physical relations with the first informant, 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 first informant-woman (now wife of the accused) filed an application before the Investigating Officer stating 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's observations 

Upon consideration of the submissions made and upon perusal of the record, the Court observed that in her application, the woman had clearly stated that there was no physical relationship between Salman and the first informant and that the first informant was only in love with Salman.

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, remarked thus:

"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."

Hence, allowing the writ plea, the Court saddled the first informant with a cost of Rs. 10,000/- for having admittedly lodged a false and baseless first information report only for personal gain.

Case title - Salman @ Mohammad Salman And 2 Others v. State Of U.P. And 2 Others [CRIMINAL MISC. WRIT PETITION No. - 348 of 2022]

Case Citation: 2022 LiveLaw (AB) 199

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