Selected menu has been deleted. Please select the another existing nav menu.
=

Woman cries gang rape, then calls it ‘misunderstanding’; Punjab and Haryana HC slaps Rs 1 lakh costs

Lorem ipsum dolor sit amet consectetur. Facilisis eu sit commodo sit. Phasellus elit sit sit dolor risus faucibus vel aliquam. Fames mattis.

HTML tutorial

The Punjab and Haryana High Court has made it clear that raising gang rape allegations and later attributing them to a “misunderstanding” amounted to abuse of the process of law. The assertion came as Justice Alok Jain imposed Rs 1 lakh costs on a complainant for her “misadventures”, while quashing the FIR in the matter after a compromise between the parties.Justice Jain asserted that allegations as serious as those under Section 376-D of the IPC dealing with gang rape could not be invoked casually and subsequently withdrawn on the ground of misunderstanding. The Bench also observed that such conduct undermined the dignity of women and warranted strict treatment.“The exemplary cost deserves to be imposed upon respondent complainant only to protect the dignity of the women, which has been undermined by the complainant’s conduct in the present case,” Justice Jain asserted, while explaining the rationale for imposing costs.The matter was placed before Justice Jain after a petition was filed for quashing the FIR on the basis of compromise. A co-ordinate Bench had earlier directed the parties to appear before the Illaqa Magistrate/trial court for recording their statements. Pursuant to the direction, Pathankot Chief Judicial Magistrate reported that the compromise between the parties was voluntary and “without any pressure, coercion or undue influence”.The State and the complainant’s counsel did not oppose the plea. Referring to the report, Justice Jain observed that the parties had amicably settled their dispute and continuation of criminal proceedings in such a situation “will be an exercise in futility, as the chances of ultimate conviction are bleak”.But Justice Jain made strong observations on the complainant’s conduct while allowing the petition. “It is a strange case that the complainant raised allegation as serious as being violated by multiple individuals including the petitioners. However, the complainant has failed to demonstrate any plausible cause for delay in reporting the matter to the police and the medical evidence was also not there to corroborate her allegations.”Justice Jain observed the complainant conveniently entered into a compromise at a subsequent stage by stating that the FIR was lodged due to misunderstanding. “Leveling such serious allegations under Section 376-D IPC that too on account of misunderstanding clearly demonstrates that the complainant had abused the process of law only to exert undue pressure and has mislead the authorities,” Justice Jain asserted.He asserted that “such kind of misadventures by women” demean their stature in the society. As such, the issue was required to be dealt with strict hands, he said. The Bench also adverted to the effect of such allegations on those accused by observing: “The integrity of the man has been severely ruined by the allegations levelled by the complainant who conveniently submitted that the FIR was got lodged due to misunderstanding.”Allowing the petition, the High Court quashed the FIR qua the petitioners, but made the relief conditional upon payment of costs — Rs 10,000 each by them and Rs 1 lakh by the complainant within one month.The Bench also passed coercive recovery directions in case of default by ruling: “In case, the respondent fails to deposit the stipulated cost or pressurize the petitioners to deposit this cost on her behalf, the State shall recover the same through arrears of land revenue by attaching all properties and assets owned by her.” 

HTML tutorial

Tags :

Search

Popular Posts


Useful Links

Selected menu has been deleted. Please select the another existing nav menu.

Recent Posts

©2025 – All Right Reserved. Designed and Developed by JATTVIBE.