New Delhi, Jan 25 The Delhi High Court has imposed a penalty of Rs 25,000 on a husband who sought the registration of a purportedly false rape case against his wife's cousin, cautioning against frivolous complaints that could potentially harm innocent individuals.
The husband alleged that the cousin had raped his wife, who vehemently denied the accusations.
Justice Anoop Kumar Mendiratta stated that prima facie, the husband initiated the proceedings with ulterior motives, aiming to gain an advantage in ongoing matrimonial proceedings against his wife.
The court stressed that the criminal justice system should not be burdened by baseless complaints and that the provision of Section 156(3) Cr.P.C. should not be misused.
The husband challenged two court orders -- one from a Magistrate and another from a Sessions Court -- that had declined to direct the registration of an FIR against the cousin using Section 156(3) of Cr.P.C.
In his complaint, the husband said that his wife had disclosed being raped by her cousin shortly after their marriage. However, during court proceedings, the wife refuted these claims, stating that no such incident had occurred and accused her husband of physical harassment and dowry demands.
She also mentioned pending proceedings related to domestic violence, maintenance, and divorce.
The court, while dismissing the plea, noted that the wife had denied any grievance, and the police's Action Taken Report supported her position.
It stressed the importance of the magistrate's judicial scrutiny in such cases, ensuring complaints are not filed with malicious intent.
The court urged a careful examination of the credibility of the complaint, pointing out the necessity of specific details to avoid perverted litigation.
Furthermore, the court noted that false allegations of rape could severely impact the dignity and reputation of the accused and stressed the significance of the police exercising discretion in not registering an FIR when it would be futile.
The court, after careful consideration, observed that the petitioner lacked locus standi as his wife had categorically denied the alleged offence.
In dismissing the petition, the court imposed a cost of Rs 25,000/- on the petitioner to be paid to the Delhi High Court Legal Services Committee within eight weeks.
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