SC quashes proceeding arising from FIR on rape allegation

The Supreme Court has quashed the proceedings arising from an FIR registered against a man who was accused of raping a woman, saying the investigation conducted so far revealed that the complaint was “motivated” and it was an abuse of process of law.

The apex court allowed the appeal filed by the man, who had retired from service in May 2012, challenging the November 2019 order of the Allahabad High Court which had refused to quash the proceedings in the matter.

A bench of Justices S K Kaul and M M Sundresh observed that for the reasons known to the woman, she has not chosen to appear before the top court either to deny or contradict the averments made in the matter.

“The petitioner is an aged man and a similar complaint given by the employer of respondent no.two (woman) against his son was found to be not true. Even in the present case, the investigation made thus far reveals that the complaint is motivated. It is obviously an abuse of process of law,” the bench said in its order passed last week.

“In the conspectus of the aforesaid, we allow this appeal and quash the proceedings arising from FIR… dated February 26, 2018,” the bench said.

The top court noted that the petitioner was arrayed as an accused in the case for alleged offences punishable under various sections of the Indian Penal Code, including that of rape, and under the provision of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It was claimed in the complaint that the petitioner had committed the alleged offences when the woman had gone to the field of his father-in-law for collecting fodder.

In his application filed before the high court seeking quashing of the proceedings, the man had claimed that the entire complaint is fostered against him by his estranged sister-in-law out of a family dispute.