The Division Bench of the Allahabad High Court, comprising Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh in the case of Shivam Kumar Pal @ Sonu Pal And 3 Others v. State Of U.P. And 2 Others has imposed a cost of Rs. 10,000 on a woman for falsely accusing four men of rape and unnatural sex in a First Information Report (FIR).
Submission of the Petitioner
The Counsel appearing on the behalf of the Petitioner submitted that 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.
Submission of the Prosecution
The Counsel appearing on the behalf of the State submitted that applicant and co-accused were not able to provide medical assistant to deceased and they have thrown his dead body, therefore, it is a case where applicant has intention to cause death, therefore, the case would fall under Part-I of Section 304 I.P.C. The Counsel further submitted an application wherein she has admitted that the first information report was false and had been filed in a huff.
Reasoning and Decision of the Court
The Court considered the submission of petitioner and made perusal of the application filed by the first informant which 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.
The Court also affirmed with the submission of petitioner that the false first information report was lodged to pressurize the petitioner and /or to settle scores and also observed that 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.
Therefore, the Court allowed the writ petition and held that 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 of Rs 10,000.
Case Details
Case:- CRIMINAL MISC. WRIT PETITION No. - 11560 of 2023
Petitioner:- Shivam Kumar Pal @ Sonu Pal And 3 Others
Respondent:- State Of U.P. And 2 Others
Counsel for the Petitioner - Ramesh Chandra Agrahari
Counsel for the Respondent – GA
Judge: Justice Anjani Kumar Mishra and Justice Vivek Kumar Singh
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