Delhi HC fines man ₹25K for fake rape case

The court was considering a plea filed by the man, who approached the high court against a trial court’s October 2023 order

The Delhi high court has imposed a fine of ₹25,000 on a man who sought the registration of a fake rape case against his wife’s cousin.

The court was of the view that the husband intended to use the proceedings obliquely and gain some advantage in pending matrimonial proceedings against his wife. (Representational image)

Taking note of the wife categorically denying the charges, the court opined that the allegations of rape would not only put a question mark on the wife’s dignity, but would also lead to harassment and affect another person’s reputation.

“Merely because an information was allegedly disclosed by his wife regarding commission of offence to the petitioner, it cannot give rise to the cause of action when the wife of the petitioner herself has categorically denied any such offence having been committed by her cousin,” a bench of justice Anoop Kumar Mendiratta said in a January 23 order.

The court was considering a plea filed by the man, who approached the high court against a trial court’s October 2023 order, refusing to direct the police to register a first information report (FIR) in connection with the case.

The man in his petition stated that though he had filed a complaint before the police alleging that his wife was raped by her cousin when she was a minor, the cops failed to act against the same. The wife, while denying rape allegations, submitted that her husband, by filing the complaint, intended to defame her.

The court was of the view that the husband intended to use the proceedings obliquely and gain some advantage in pending matrimonial proceedings against his wife.

In the order, which was uploaded on Wednesday, the court remarked that merely alleging disclosure of a cognisable offence (an offence in which a police officer has the authority to make an arrest without a warrant, and start an investigation with or without the permission of a court) might not be sufficient for the trial court to direct investigation into the complaint, if the same appeared to be a perverted litigation, lacked credibility and was bereft of necessary details including the time and date of commission of offence.

“The wheels of the criminal justice system cannot be permitted to be clogged by frivolous complaints wherein the victim herself does not have a grievance but the same is maliciously filed on her behalf. This may be an agonizing way of harassment not only to the spouse but a person who may be innocently framed and prosecuted,” the court noted.