LI Network
Published on: 6 August 2023 at 18:04 IST
The Allahabad High Court recently imposed a penalty of ₹10,000 on a woman who admitted to filing a false First Information Report (FIR) against four men, accusing them of rape and unnatural sex.
Justices Anjani Kumar Mishra and Vivek Kumar Singh, while dealing with the case of Shivam Kumar Pal (also known as Sonu Pal) and three others versus the State of Uttar Pradesh and two others in a writ petition, emphasized that the practice of filing FIRs with false and serious allegations of rape should not be tolerated and must be addressed firmly.
The criminal justice system cannot be permitted to be used as a tool for settling personal disputes by filing first information reports which are admittedly false, the bench remarked.
In response to the writ petition filed by the accused, the Court quashed the FIR lodged against them under various sections of the Indian Penal Code (IPC), including Sections 376 (rape), 377 (unnatural sex), 313 (causing miscarriage without a woman’s consent), 406 (criminal breach of trust), and 506 (criminal intimidation).
The petitioners contended that the FIR was fabricated and concocted. They informed the Court that the first informant (the alleged rape victim) had married petitioner no. 1 (Sonu Pal), and they were now living together as husband and wife of their own free will.
Furthermore, the alleged victim had submitted an application to the Commissioner of Police, Prayagraj, admitting that she had lodged a false FIR in the heat of the moment due to differences with petitioner no. 1.
The Court carefully considered the submissions and observed that the false allegations of rape were made to pressurize the accused or settle personal scores. Stressing the gravity of such false FIRs, the Court imposed a cost of ₹10,000 on the alleged victim, to be paid within ten days.
Advocate Ramesh Chandra Agrahari represented the petitioners in the case.
This decision by the Allahabad High Court emphasizes the need to deal severely with those who misuse rape allegations as a weapon in personal disputes, thereby safeguarding the integrity of the criminal justice system and protecting the innocent accused from malicious prosecution.
