IN THE HIGH COURT OF ALLAHABAD
ANJANI KUMAR MISHRA, VIVEK KUMAR SINGH, JJ.
Shivam Kumar Pal @ Sonu Pal and Others - Petitioners
Versus
State Of U.P. and Others - Respondents
Criminal Misc. Writ Petition No. 11560 of 2023
Decided On : 26-07-2023
Indian Penal Code, 1860 - Sections 376, 377, 313, 406, 506 - Offence of Rape and Criminal intimidation - Seeks quashing of FIR - Held, it clearly emerges that serious allegations of rape have been falsely alleged against petitioner - Facts noticed above lead to only one conclusion - false first information report was lodged to pressurize the petitioner and /or to settle scores - 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 - Criminal justice system cannot be permitted to be used as a tool for setting personal disputes by filing first information report which is admittedly false - Writ petition allowed.
JUDGMENT :
1. Heard learned counsel for the petitioners, learned counsel for the first informant and learned AGA for the State.
2. The instant writ petition seeks quashing of the FIR dated 11.06.2023 giving rise to Case Crime No.093 of 2023, under Sections 376, 377, 313, 406, 506 I.P.C., Police Station-Kotwali, District-Prayagraj.
3. The contention of learned counsel for the petitioners is that the first information report is fabricated and concocted. The petitioner no.1 and the first informant have solemnized their marriage as both are major. They are happily living together out of their free will as husband and wife.
4. An application has been filed by the first informant addressed to the Commissioner of Police, Prayagraj. Copy of the same is filed as Annexure 3 to this writ petition, wherein she has admitted that the first information report was false and had been filed in a huff.
5. The submissions of counsel for the petitioner have been reiterated by counsel appearing for the first informant.
6. Perusal of the application filed by the first informant reveals and it admits that the first information report was false and had been filed upon some differences having cropped upon between her and petitioner no.1.
7. From such perusal, it clearly emerges that serious allegations of rape have been falsely alleged against the petitioner. The facts noticed above lead to only one conclusion. The false first information report was lodged to pressurize the petitioner and /or to settle scores. 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.
8. Under the circumstances, the writ petition is liable to be allowed.
9. 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.
10. Accordingly, we allow the writ petition and quash the impugned FIR dated 11.06.2023 giving rise to Case Crime No.093 of 2023, under Sections 376, 377, 313, 406, 506 I.P.C., Police Station-Kotwali, District-Prayagraj.
11. We also impose costs of Rs.10,000/- upon the first informant, respondent no.3, which shall be deposited within a period of 10 days from today, failing which, the same shall be recovered as arrears of land revenue from the respondent no.3.
Once the F.I.R. prima-facie discloses commissioning of cognizable offense, it cannot be quashed.
An FIR disclosing a prima facie case of rape cannot be quashed, and the truthfulness of allegations cannot be assessed at the quashing stage.
The main legal point established is that quashing of a criminal complaint or FIR should be sparingly exercised and is permissible only in rare cases where no prima facie case is made out.
The court emphasized that the allegation against accused No.5 must constitute the commission of the alleged offences for the FIR to be valid.
The main legal point established in the judgment is the reliance on consistent and credible prosecutrix testimony in rape cases, and the rejection of claims of false accusation without plausible reas....
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