Read Time: 04 minutes

Refusing to quash an offence of rape merely because the parties have entered into a compromise, the Delhi High Court said, "False claims and allegations pertaining to cases of molestation and rape need to be dealt with an iron hand due to the serious nature of the offences."

The single judge bench of Justice Subramonium Prasad was hearing a case where the parties had registered cross-cases against each other for offences under Section 376 IPC (Rape).

The Court noted that “ in the present case it appears that both sides have resorted to file complaints of rape without having any sensitivity to the offence of rape.”

The Court further observed that false allegations of rape have the potential to destroy the life and career of the accused. The accused in a false case of rape loses his honour, cannot face his family and is stigmatized for life. 

“Allegations regarding offences such as one under Section 376 IPC cannot be made at the drop of a hat - in order to settle personal scores.”

Observing that there was an increase in filing of false rape cases, the Court said “Such litigations are instituted by the unscrupulous litigants in the hope that the other party will capitulate to their demands out of fear or shame. Unless wrongdoers are made to face the consequences of their actions, would be difficult to prevent such frivolous litigations."

The Court was  of the opinion that this problem can be solved, or at least minimized, to a certain extent, if exemplary cost is imposed on the litigants for instituting frivolous litigations.

The petitioner and husband of the respondent against whom the case is registered are both advocates practicing in Delhi.

The court said, "It is tragic to note that practising advocates belonging to the legal fraternity are trivialising the offence of rape."

In view of the mandate of the Supreme Court that High Courts must not exercise its powers under Section 482 Cr.P.C. for quashing an offence of rape only on the ground that the parties have entered into a compromise, the Court dismissed the petition.

Case Title: Vimlesh Aghnihotri v. State