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Synopsis

In a recent development, the Allahabad High Court imposed costs of Rs. 10,000 on a woman who had knowingly filed a false First Information Report (FIR) against four persons alleging rape. The court's decision highlights the seriousness of making baseless allegations.

The bench of Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh said, 

"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 division bench stressed that 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.

A writ petition had been filed before the high court to quash an FIR lodged on June 11, 2023, at Kotwali Police Station in Prayagraj giving rise to a case under Sections 376, 377, 313, 406, 506 of the Indian Penal Code. 

The counsel for the petitioner submitted before the high court that the FIR was fabricated and concocted as the first informant (the alleged victim) and the accused had solemnized their marriage and they were happily living together out of their free will.

Along with the petition, an application addressed to the Commissioner of Police, Prayagraj had also been attached which was written by the alleged victim admitting that the first information report was false and had been filed in a huff. The counsel for the alleged victim also confirmed the same. 

Taking note of the admitted act of the alleged victim, the division bench opined that it was clear that the FIR was lodged to pressurize the petitioner and /or to settle scores.

Therefore, the bench held that the alleged victim was liable to be saddled with heavy costs.

While quashing the FIR, court ordered the woman to deposit the cost within a period of 10 days from the date of the order.

Case Title: Shivam Kumar Pal @ Sonu Pal And 3 Others v. State Of U.P. And 2 Others