Nithyakalyani Narayanan. V
The Allahabad High Court imposed a fine of rupees ten thousand on a woman who admittedly lodged a false FIR against four men accusing them of rape and unnatural sex against her. The Bench held that the practice of lodging bogus FIRs and making false allegations of rape cannot be permitted and has to be dealt with a “heavy hand”.
The double-judge Bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh observed “The criminal justice system cannot be permitted to be used as a tool for setting personal disputes by filing first information reports which are admittedly false”. With this, the Court allowed a writ petition filed by the four accused and quashed the FIR against them under Sections 376, 377, 313, 406, and 506 IPC.
The Bench was hearing the writ petition filed by the accused who had moved to the Court stating that the FIR against them was fabricated and concocted. The Court was informed that the alleged rape victim and the first petitioner have solemnized their marriage and are living together out of their free will as husband and wife.
The Court also learnt that the first informant/alleged victim has filed an application to the Commissioner of Police, Prayagraj disclosing that she had lodged a false FIR “in a huff” upon some differences having cropped up between her and the first petitioner.
The Court upon hearing the parties, remarked at the outset that it was clear that serious allegations of rape were falsely alleged against the petitioners, and it was lodged to “pressurize the petitioner and /or to settle scores”. The Bench emphasised that the practice of lodging such fake FIRs on false rape allegations has to be dealt with a heavy hand.
The high court imposed the alleged victim with a cost of Rs.10,000/- to be deposited within a period of 10 days.
Advocate Ramesh Chandra Agrahari appeared for the petitioners.
Name of the case: Shivam Kumar Pal @ Sonu Pal And Others vs. State Of U.P. And Others
Bench: Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh