Allahabad High Court fined wife for filing false rape case against husband says ‘Such a practice has to be dealt with a heavy hand’
Case Details:
Case No.: Criminal Writ Petition No. 11560 of 2023
Bench: Hon’ble Anjani Kumar Mishra,J. and Hon’ble Vivek Kumar Singh,J.
Allahabad High Court while quashing First Information Report giving rise to case crime under Sections 376, 377, 313, 406, and 506 I.P.C. observed that 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 Court further observed that the false first information report was lodged to pressurize the petitioner and/or settle scores.
The Court after perusal of the application filed by the informant found that upon some differences having cropped between her and her husband (the petitioner) filed first information report in a huff. The Court further observed that she is liable to be saddled with heavy costs and the Court quashed the FIR.
Further Reads:
- Genuine cases of such sexual offences are now exception. The general rule is of false implication in cases of sexual offences- Allahabad High Court
- In this modernized society the offence under Section 376 of IPC is being misused as a weapon by the females as soon as there arise certain differences between herself and her male counterpart- Uttarakhand High Court