Section 498A IPC- False Cases Create Suspicion Against Genuine Victims, Should Be Dealt With Strong Arm: Delhi High Court

The Delhi High Court has observed that false allegations of domestic violence creates cynicism and gives rise to suspicion against genuine victims and should be dealt with strong arm of law.

The Court was considering a Petition seeking quashing of an FIR for offence under Sections 498A, 406 and 34 of the IPC.

The bench of Justice Girish Kathpalia observed, "The truthfulness or falsity of those allegations is to be tested through trial. If those allegations are truthful, the petitioners deserve punishment in accordance with law but if those allegations are false, respondent no.2 also must face consequences in accordance with law through the strong arm of State. For, such allegations if false have wide ranging consequences across the society as the same create cynicism and give rise to a suspicion even against genuine victims."

The Petitioner was represented by Advocate Hemant, while the Respondent was represented by Additional Public Prosecutor Nawal Kishore Jha.

It was submitted by both the sides that they have compromised the disputes. The Court noted that on the face of it, the present case appears to be an innocuous petition to seek quashing of FIR related to matrimonial disputes but the same is not.

"In the FIR, the present respondent no.2 has levelled quite obnoxious allegations against the petitioners. It is alleged in the FIR that the petitioners, without her knowledge clicked her pictures and videos and thereafter threatened to circulate the same unless she would agree for oral and anal sex, so she succumbed to the pressures. The petitioner no.1 also threatened respondent no.2 that he would upload all those videos and photographs on social media. Further, according to respondent no.2, her father-in-law and both brothers-in-law molested her as and when they got a chance. The respondent no.2 in the FIR has also narrated the specific instances when she was molested by her brothers-in-law and even father-in-law," the Court observed.

Criticising the trend of levelling false allegations, the Court noted that the truthfulness of the present case needs to be tested by trial.

Cause Title: Nitin Kumar And Ors vs. State (NCT of Delhi) And Anr.

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