Bombay High Court quashes rape FIR against Kalwa man over woman's multiple complaints
The Bombay High Court has quashed a rape First Information Report (FIR) filed against a resident of Kalwa, Thane, and directed the Maharashtra Director General of Police to circulate the complainant's details to all police stations in the state. The court issued the directive after noting that the 34-year-old woman has a history of filing multiple complaints of rape, domestic violence, and cruelty against different men.
Justice Ranjitsinha Bhonsale passed the order on February 20, which was made available on June 19. The ruling quashed the June 2019 FIR lodged against the petitioner, Manoj Dhanavade of Kalwa, after the court determined their relationship was consensual.
According to the court, the complainant is a married working woman who has travelled extensively. The court observed a pattern where the woman engaged in consensual relationships and subsequently filed rape cases with allegations of fraudulently obtained consent.
An examination of the records revealed that the woman had filed ten cases of rape, domestic violence, outraging modesty, and related offences against various individuals across Maharashtra and Karnataka. Justice Bhonsale noted that all ten FIRs contained similar grounds and allegations against different men.
"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.
To address this pattern, the High Court directed the Maharashtra Director General of Police to ensure that all police stations in the state receive the complainant's details and the record of her past complaints. This information is to be made available in the database of each police station.
The court ordered that police authorities must be cautious in the event of any future complaints received from her seeking the registration of a crime against any other individual. Additionally, police stations have been directed to conduct preliminary inquiries before registering any crime based on complaints from the woman.
Justice Bhonsale noted that the Karnataka High Court had issued a similar direction regarding the complainant on September 3, 2024. The court concluded that the prosecution against Dhanavade was filed with malafide motives, stating that a perusal of other criminal proceedings filed by the complainant showed her malafide and criminal mischievous intent.
"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.
