Delhi High Court Fines Woman For "Casually" Filing Sex Offence Case Against Partner

The Delhi High Court has fined a woman with Rs 20,000 for "casually" filing a case of sexual offence against her live-in partner.

Justice Swarana Kanta Sharma, therefore, ordered quashing of the FIR against the man booked under Sections 69 (sexual intercourse by employing deceitful means, etc.) and 351(2) (criminal intimidation) of BNS on the basis of compromise arrived at between the parties.

The July 15 judgment said such allegations carried grave consequences and not only impacted the accused but also the administration of justice.

The court referred to the woman's submission, saying she got the FIR registered at a time when she was going through medical and emotional turmoil.

The order said, "While this explanation (woman's) has been duly noted, it is equally important to emphasise that the lodging of a complaint under Sections 69 and 351(2) of the BNS, involving serious allegations of physical assault and wrongful restraint, cannot be permitted to be filed in a casual or reckless manner." It added, "Such allegations carry grave consequences and impact not only the accused but also the administration of justice." The judge observed if a person had been framed or allegations had arisen out of a genuine misunderstanding, compelling such a person to undergo trial would undermine principles of fairness and justice.

"The continuation of criminal proceedings, despite the unwillingness of the complainant to pursue them and the subsequent settlement between the parties, would serve no useful purpose and would rather amount to an abuse of the process of law," the court said.

The court fined the woman after taking note of her claim of having filed the complaint on the basis of "misunderstanding" and setting the criminal law machinery in motion despite being in the relationship with the petitioner voluntarily The woman was ordered to deposit the fine amount with the Delhi High Court Legal Services Committee within four weeks.

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