Code of Criminal Procedure, 1973 – s.482 – Quashing of criminal proceedings arising out of FIR alleging rape, sexual assault – FIR by second respondent alleging sexual assault by appellant, and refusal to marry her, and also allegations of assault and threat against other person – Second respondent’s case that their relationship continued for long, she was impregnated twice, and aborted later – She alleged that she was assaulted in the hotel room and threatened of making the intimate video viral – However, appellant’s case that second respondent, being a bank employee pestered the appellant who was a bank customer to invest in bank schemes, and on his refusal she extorted money from him, which he paid initially and later refused to pay – Thereupon, he filed two complaints and the said FIR was counter blast to the police inquiries – Appellant sought quashing of FIR which was refused by the High Court – Correctness: Held: There had been a consensual relationship between the parties which went sour and then each started accusing the other – Complaint was filed specifically to coerce the appellant into marrying the complainant, failing which she wanted punitive action taken for the sexual assault and the exploitation – 2nd respondent though she asserts that twice her pregnancy was aborted, there is nothing indicated in the medical report to that end – No purpose would be served in carrying out a trial – On a conspectus of the entire facts and circumstances, the High Court ought to have invoked its powers u/s.482 to quash the complaint – High Court having not done so, the impugned order set aside and charge sheet in criminal case quashed – No criminal proceedings shall be continued in the above case, either against the appellant or any other accused in the FIR; since the foundation of the allegations is on the criminal culpability of the accused having raped the complainant on the promise of marriage – Allegations of hurt, having been caused, and criminal intimidation as alleged against the other accused also fail to impress. [Paras 8-13]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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