Justice Ranjitsinha Bhonsale of the Bombay High Court quashed a rape FIR and issued  a notable  direction to the Director General of Police (DGP), Maharashtra.  The Court directed that the complainant’s details be circulated to all police stations so that officers exercise caution if she files any future complaints, noting that she had repeatedly made sexual offence allegations against different men.

Court Flags Pattern in Complaints:

The Court recorded that the complainant had filed a total of 10 complaints in Karnataka and Maharashtra. These complaints included allegations of rape, domestic violence, and outraging modesty. After examining these complaints, Justice Bhonsale observed what he found to be a recurring “modus operandi” in which consensual sexual relationships were later presented as having been obtained through fraudulent consent.

Justice Bhonsale noted:

“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.”

FIR Quashed:

The Court reviewed the various FIRs filed by the complainant and concluded that the present case appeared to have been filed with a malicious intention to harass the petitioner. The judge found that the allegations made in the June 2019 FIR against Manoj Dhanavade of Kalwa, Thane were similar to the allegations made in her earlier complaints. The Court further held that the relationship between the complainant and the petitioner was consensual and that the allegations were not substantiated. Accordingly, the FIR was quashed.

Court Finds Mala Fide Intent

Justice Bhonsale held:

“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.”

Directions for Future Complaints:

The Court also directed the police to keep the complainant’s records in police station databases and to conduct preliminary inquiries before registering any future complaints filed by her. The judge noted that a similar approach had earlier been adopted by the Karnataka High Court in its order dated September 3, 2024.

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