Bombay High Court quashes rape FIR, directs police to note complainant's history
The Bombay High Court has quashed a rape First Information Report (FIR) and directed the Maharashtra Director General of Police to circulate the complainant’s details
The Bombay High Court has quashed a rape First Information Report (FIR) and directed the Maharashtra Director General of Police to circulate the complainant’s details to all police stations in the State. The court noted the woman has filed multiple complaints of rape, domestic violence, and cruelty against different men. Justice Ranjitsinha Bhonsale, in an order passed on February 20 and made available on June 19, observed that the complainant, a 34-year-old married woman, had filed ten cases of rape, domestic violence, outraging modesty, and related offences against various individuals in Karnataka and Maharashtra. The court noted the woman’s pattern of engaging in consensual relationships and subsequently filing rape cases with allegations of fraudulently obtained consent.
Justice Bhonsale stated that an examination of all ten FIRs revealed similar grounds and allegations against different individuals. “The complainant is a 34-year-old working woman who has travelled extensively. She is a married woman and had a relationship with the Petitioner and similarly with other men as alleged in the FIRs,” the court observed in its order. The court found that the present FIR, lodged in June 2019 against Manoj Dhanavade of Kalwa, Thane, contained allegations similar to those in the other complaints. Justice Bhonsale noted the relationship between the complainant and Dhanavade was consensual and quashed the FIR.
The court directed the Director General of Police to ensure all police stations in Maharashtra receive the complainant’s details and the record of her complaints. The directive aims to make this information available in the database of each police station. “The Police Authorities while acting in accordance with law are cautious in case of any complaint received from her seeking registration of a crime against any other individual,” the order stated. The court also directed police stations to conduct preliminary inquiries before registering any crime based on complaints from the woman. Justice Bhonsale noted a similar direction had been issued by the Karnataka High Court on September 3, 2024.
“The facts would indicate that she is in the habit of making complaints in respect of Section 376, 354, and 354A of the Indian Penal Code,” the court observed. Justice Bhonsale concluded that the prosecution was filed with malafide motives, stating that perusal of other criminal proceedings filed by the complainant showed her malafide and criminal mischievous intent.
The BriefWire