False rape allegations cannot be made to settle personal scores, need to be dealt with iron hand:HC

PTI, Aug 17, 2021, 6:53 PM IST

New Delhi: The Delhi High Court has said that false allegations of molestation and rape cannot be made at the drop of a hat to settle personal scores and need to be dealt with an iron hand.

Justice Subramonium Prasad, who was hearing a plea to quash an FIR alleging commission of offence of rape on the basis of a compromise between the parties, stated that besides resulting in loss of judicial time and time spent by the police in the investigation, false allegations of rape may 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,” said the judge in his order dated August 16.

Observing that there was an alarming increase in false cases of rape and offences “only to arm-twist the accused”, the court opined that “people who make such false allegations of rape cannot be permitted to go scot-free”.

“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. 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 not made to face the consequences of their actions, it would be difficult to prevent such frivolous litigations,” the judge remarked.

The court added that the problem of false allegations can be solved, or at least minimized, to a certain extent, if exemplary cost is imposed on the litigants for instituting frivolous litigations.

While refusing to quash the FIR in the present case, the court said that while it was not commenting on the merits of the allegations, if it is found that the allegations were not true, action should be taken against the prosecutrix and others who were instrumental.

It noted that the parties involved in the present case had initiated cross-cases against each other for offences under Section 376 IPC.

The court also said that quashing FIR for offences like rape on the basis of compromise will encourage the accused to put pressure on the victims and would open doors for the accused to get away with a heinous crime which cannot be permitted.