Recently, The Allahabad High Court while dealing with a case of false allegations of rape made by a woman (who later married the accused), the Court stated that filing a FIR was a way to put pressure on the petitioners in order to have her marriage solemnised.
The Court quashed FIR filed in this instant case.
The bench headed by Justices Anjani Kumar Mishra and Deepak Verma cited that the justice delivery system, which includes the investigating agency as well as the courts, cannot be used to settle personal scores, especially since our legal system is already overburdened in our country.
Rs 10000 was imposed as a cost on the woman for filing false rape, held by The court.
The allegations in FIR were filed primarily under Sections 376, 452, 308, 323, 504, 506 Indian Penal Code (IPC)., alleging that the petitioner-accused had physical relations with the first informant but without her consent and on the promise of marriage, who was separated from her husband.
The situation got jeopardised when they later married each other. Following that, the first informant-woman (now the accused’s wife) filed an application with the Investigating Officer, claiming that some people had caused a schism between the first informant and Salman, and thus the first information report was lodged by her.
Futher, The Court observed, after considering the submissions made and perusing the record, that the woman had clearly stated in her application that there was no physical relationship between Salman and the first informant.The first informant was only in love with Salman The court stated.
In light of obove observations, the Court remarked, after noting that the first informant admitted that the FIR containing allegation of rape were completely false.
The court allowed the writ petition and imposed an Rs. 10,000/- as fine on the first informant woman for admitting to filing a false and baseless first information report solely for personal gain.
