The Delhi high court today refused to quash a false criminal case of rape lodged by a Delhi police woman employee against a man to ensure that she faces prosecution later for falsely implicating him.
"If a prosecutrix makes false statement of an offence punishable with minimum period of 7 years imprisonment, she must be made to face the consequence of registering a false FIR against an innocent person," said Justice Shiv Narayan Dhingra, dismissing a petition by a Delhi-based property dealer Karan for quashing of the FIR against him.
Justice Dhingra dismissed the petition despite his plea that the woman has admitted to making false accusations against him early this year and they have reached an out-of-court settlement of the issue.
"I consider that an offence under section 376 of the Indian Penal Code being punishable with minimum sentence of seven years cannot be looked at so lightly," Justice Dhingra said.
"The prosecutrix cannot be allowed to turn around and say that she made a false statement and that now she has compromised the matter," he added, refusing to quash the FIR, and leaving it to the trial court to acquit the man and initiate prosecution against the woman instead on charges of perjury.
"The court cannot allow quashing of such FIR when neither the prosecutrix is being punished for making false statement nor the accused is brought to book for the offence of rape," he said.
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