Delhi High Court Imposes ₹20K Costs On Woman For 'Casually' Filing Sexual Assault Case Against Live-In Partner

The Delhi High Court has imposed Rs. 20,000 costs on a woman for filing a sexual assault case against her live-in partner, observing that such a complaint cannot be permitted to be filed in a casual or reckless manner.Justice Swarana Kanta Sharma noted that the complainant admitted to having lodged the complaint under some misunderstanding, despite being in a longstanding relationship with the man. Observing that the process of law cannot be invoked casually or without due consideration, the Court noted further that the complainant had candidly stated that the complaint was lodged at a time when she was undergoing certain medical and emotional challenges.“While this explanation has been duly noted, it is equally important to emphasise that the lodging of a complaint under Sections 69 and 351(2) of the BNS, 2023, involving serious allegations of physical assault and wrongful restraint, cannot be permitted to be filed in a casual or reckless manner,” the Court said. The Court quashed the FIR registered for the offence punishable under Section 69 (sexual intercourse obtained through deceitful means) and 351(2) (criminal intimidation) of the Bharatiya Nyaya Sanhita, 2023. This was after the man filed a plea seeking quashing of the case on the basis of a compromise entered into between the parties. It was the complainant's case that the parties were in a close relationship for the past 15 years and had started residing together in a live-in relationship since January 2019. It was alleged that she was repeatedly assured by the accused that he would marry her upon finalisation of his divorce from his legally wedded wife.The complainant alleged that upon the said assurances, she continued to cohabit with him. She said that prior to the second motion for divorce of the man which was scheduled to be filed in May this year, certain misunderstandings and disputes arose between the parties, following which the complaint was filed by her alleging misconduct on his part.The complainant, who was present in the Court, said that the complaint was filed due to a misunderstanding and that she had been experiencing certain medical challenges at the time and that she no longer wished to pursue the case.Quashing the FIR, the Court said that such allegations carry grave consequences and impact not only the accused but also the administration of justice.“At the same time, this Court cannot lose sight of the fact that if a person has been falsely implicated or if the allegations have arisen out of a genuine misunderstanding, then compelling such a person to undergo the trial would be contrary to the very principles of fairness and justice,” the Court said. The Court imposed costs on her for initiating criminal proceedings which she later admitted were based on a misunderstanding and for setting the criminal law machinery in motion despite having voluntarily been in a relationship with the accused. “This cost shall be deposited with the Delhi High Court Legal Services Committee within four weeks from today,” it added. Title: ANIL VERMA v. THE STATE GOVT OF NCT OF DELHI & ANRCitation: 2025 LiveLaw (Del) 807Click here to read order

Delhi High Court Imposes ₹20K Costs On Woman For 'Casually' Filing Sexual Assault Case Against Live-In Partner

Nupur Thapliyal

Tags