Practice of lodging false FIRs alleging rape has to be dealt with heavy hand: Allahabad High Court

High Court of Allahabad
File photo: Allahabad High Court

August 7, 2023

The Allahabad High Court recently said that the practice of lodging false FIRs making serious allegations of rape cannot be permitted, and such a practice has to be dealt with with a heavy hand.

The court also imposed a fine of Rs. 10,000 on a woman who admittedly lodged a fake FIR against four men, falsely accusing them of rape and unnatural sex against her.

“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 criminal justice system cannot be permitted to be used as a tool for setting personal disputes by filing first information report which are admittedly false,” the court said.

“Since, the first informant has categorically admitted having filed a false and concocted first information report, she is liable to be saddled with heavy costs,” the court added.

The court was hearing a petition filed by accused persons contending that the FIR against them was fabricated and concocted. The accused also further told the court that petitioner no.1 and the woman (alleged rape victim) have solemnised their marriage as both are majors, and now they are happily living together out of their free will as husband and wife.

The counsel for the complainant-woman, too, concurred with the submission of the accused persons and submitted that now the alleged rape victim is living with petitioner no. 1/accused as his wife and hence, prayed that the writ petition be quashed.

The court also noted that the woman had written to the Commissioner of Police, Prayagraj, admitting that the FIR was false and filed in a huff.

After examining the material submitted and considering the submissions of the parties, the court said that the FIR was lodged to pressurise the petitioner and to settle scores.

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