Bombay High Court Quashes Rape FIR, Orders Preliminary Inquiry On Woman's Future Complaints After Noting Pattern Of Similar Cases

The Bombay High Court recently, while quashing a rape FIR, ordered the Director General of Police (DGP), Maharashtra to circulate the details of the complainant woman to all the police stations across the State so that the police exercises caution in future on receiving any complaint from the said woman as she is "habitual" in filing false rape, domestic violence and cruelty cases.

The complainant woman had in all filed 10 such cases of rape, domestic violence, outraging modesty etc against different men in Karnataka and Maharashtra.

Single-judge Justice Ranjitsinha Bhonsale noted the woman's "modus operandi" of indulging in consensual sexual relations and then filing rape cases alleging that the consent was obtained fraudulently.

"The complainant is 34 year old working women, who has travelled extensively. She herself is a married women and had relationship with the Petitioner and similarly with other men as alleged in the FIRs. Her conduct of makes her entire case doubtful and improbable. The facts would indicate that, she is in habit of making false and baseless complaints in respect of Section 376, 354 and 354A of the Indian Penal Code," Justice Bhonsale noted in the order.

In the order passed on February 20, which was made available on June 19, Justice Bhonsale said that on reading all the 10 FIRs lodged by the complainant on similar grounds, against different individuals, it would be clear that the present FIR is nothing but a dishonest and malafide attempt to harass the Petitioner.

"Upon considering all the FIRs which have been referred by the Petitioner so also the present FIR it can be safely concluded that, the present prosecution, is filed with the malafide motives. Perusal of the other criminal proceedings filed by the complainant would in fact show the malafide and criminal mischievous intent of the complainant herself," Justice Bhonsale held.

Therefore, the judge while going through the instant FIR lodged in June 2019 against one Manoj Dhanavade, a resident of Kalwa, Thane, noted that the allegations have been similar and thus even on merits no case was made out. The judge noted the relationship was consensual. And thus, quashed the instant FIR.

"I also deem it appropriate to direct the Director General of Police State of Maharashtra to ensure that, all Police Stations in the State of Maharashtra are provided with the details of the Complainant as well as the various complaints filed by her so as to make them available on the record and on the data base of each Police Station in the State. This is done only with the objective to ensure that, 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," Justice Bhonsale ordered. The judge, while considering the conduct of the complainant, added, "I find it appropriate to direct the Police Stations that, in the event any complaint is received from her seeking registration of FIR, they shall act strictly in accordance with law and conduct preliminary inquiry before registering the crime. I am constrain to give this direction considering the facts and circumstances of the present case. A similar direction has passed by the Karnataka High Court by its Order dated September 3, 2024."

With these observations, the judge quashed the FIR.

Appearance:

Advocate Arjun Kadam appeared for the Petitioner.

Additional Public Prosecutor SV Walve represented the State.

Case Title: Manoj Balasaheb Dhanavade vs State of Maharashtra (Criminal Writ Petition 2248 of 2023)

Citation: 2026 LiveLaw (Bom) 293

Click Here To Read/Download Judgment