Delhi High Court Refuses To Quash Rape Case Despite Marriage, Flags Growing Trend Of False Complaints

In a judgment delivered on April 29, the Singe Bench of Justice Girish Kathpalia observed that the criminal justice process must not be reduced to a tool for private settlements or used to manipulate legal proceedings.

The Court held that allowing quashing at this stage, when a chargesheet has already been filed—could set a dangerous precedent, especially if the complaint later turned out to be fabricated.

“I am not satisfied that the impugned FIR and/or the consequent proceedings can presently be treated as abuse of process of the court in any manner or that quashing the same would secure the ends of justice,” the Court said.

Facts of the Case

The case relates to a woman who accused her neighbour of repeatedly raping, sodomising, and blackmailing her using objectionable photographs. She further alleged that the accused's brother-in-law also sexually assaulted her.

The petitioners moved the Court seeking quashing of the FIR on the ground that the main accused had since married the complainant.

Court's Observations

However, the Court refused to treat the marriage as grounds for quashing, noting that the parties reportedly married just ten days before the chargesheet was filed. “If the complaint lodged by the prosecutrix contained truth, would it be justified to push her into the matrimonial fold of her tormentor, thereby granting premium to the rapist. Should it not be the bounden duty of the State to ensure food, clothing and shelter to such victim, so that she does not helplessly surrender into the matrimony offered by her rapist in order to escape clutches of law,” the Court remarked.

It added that “The trend gradually setting in across the society to lodge false complaints with impunity and thereafter retract, needs to be checked.”

Justice Kathpalia further observed that false allegations not only burden the already strained judicial system but also diminish public trust in genuine rape survivors. “Every false complaint contributes to not just unnecessary load on the overflowing dockets, but also to the artifacts of crime, generating an impression in the society about falsity even of genuine complaints, thereby causing grave injustice to actual rape victims,” the order stated.

The Court clarified that even if the complainant eventually turns hostile during trial, her evidence would still be tested through due process. If the prosecution fails to establish the charges, or if the complaint is found to be false, the legal system has mechanisms to ensure appropriate consequences for making a false accusation, the Court noted.

Distinguishing the case from those involving failed romantic relationships or sexual intercourse on the false pretext of marriage, the Court said the allegations here were serious, and the truth could only be determined through trial.

"The court cannot arrive at truth on these aspects without testing the said allegations through full dress trial," the Court said.

Conclusively, the Court ordered, "I do not find it a fit case to quash the FIR No.92/2024 of PS Jamia Nagar for offences under Section 376/377/323/313/506/509/34 IPC and the proceedings arising therefrom. The petition is dismissed."