NEW DELHI: The Delhi High Court has slapped a fine of `25,000 on a husband and dismissed his plea seeking the registration of a purportedly false rape case against his estranged wife’s cousin for raping her.
The wife, however, categorically denied the allegations. Prima facie, the husband who is an advocate initiated the proceedings with aim to gain an advantage in ongoing matrimonial proceedings against his wife, noted the order.
Justice Anoop Kumar Mendiratta said that it is an agonizing way of harassment not only to the spouse but a person who may be innocently framed and prosecuted.
The court said that the plea for directions to investigate and register an FIR under Section 156(3) Cr.P.C. defies any logic or prudence, since any such incident of commission of offence has been categorically denied by the wife of the petitioner.
“The wheels of 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 order read. The petitioner lawyer who faced set back was approaching the high court arguing the cops need to look into his grievance.
“The provision of Section 156(3) Cr.P.C. which empowers a Magistrate to direct the police to register a case and investigate cannot be permitted to be abused as sought by the petitioner,” the order read. In his complaint, the husband claimed that a few days after the marriage, his wife disclosed that when she was studying in Class XI, her cousin had committed rape upon her at her residence.