The Madras High Court on Tuesday quashed an FIR filed on the basis of a "false" complaint made by a woman against her husband alleging an illicit relationship between him and their daughter and said she should be made to "suffer the consequences" of filing such a plaint.
"In the considered view of this court, the prosecution against the petitioner should not continue even for a minute more...the FIR has to be quashed in order to bring to an end a malicious prosecution which is of monstrous proportions," Justice Anand Venkatesh said.
"This is one of those unfortunate cases where the wife has resorted to giving a complaint against her husband alleging that he has committed sexual assault against their daughter, who is aged about 11 years," the judge said, quashing the FIR filed against the man under the Protection of Children from Sexual Offences (POCSO) Act.
The judge made it clear that the wife, who came up with the false complaint without even thinking about the future of her children, should not be let off.
"The wife should be made to suffer the consequences for having given a false complaint against her husband at the cost of her own daughter," the judge said.
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The court directed the police to immediately proceed against the woman under the POCSO Act for having given a false complaint and take action against her in accordance with law.
"This case should be a lesson for all those who attempt to misuse the provisions of this Act just to satisfy their own selfish ends," Justice Venkatesh said.
The couple were married in 2003 and two girls were born to them. While the elder girl is about 11 years of age, the other is one-and-a-half years old.
The wife, allegedly with an intention to separate the children from her father, gave the false complaint that her husband was having an illicit relationship with their elder daughter.
In her complaint, she said the girl became pregnant and her pregnancy was terminated with native medicines.
The All Women Police Station at Kilpauk registered a case against the husband under the POCSO Act.
During the trial in a lower court, the girl categorically stated that her mother had given a false complaint to separate the two sisters from their father.
"Fortunately in this case, the concerned child was able to express herself very clearly both before this court as well as the court below and therefore, on the face of it, this court was able to find that the Act has been misused by the wife," Justice Venkatesh said.
Had that not happened, the petitioner would have been forced to go through the rigour of a trial and the situation would have turned even murkier, the judge added.
"The wife, who has given the complaint without even caring for the future of her own daughter, has proceeded to give a complaint alleging an illicit relationship between her husband and daughter just to make the petitioner fall in line and to get the daughters into her custody.
"This is the worst type of false prosecution a court can ever encounter," the judge said.
The husband had moved the high court seeking quashing of the FIR.
After recording the statement of the elder daughter, Justice Venkatesh found that the complaint was a false one.
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