HC quashes FIR in rape case
18/01/2018
Jammu, Jan 16: In a petition filed by Vinay Verma seeking quashment of FIR NO 116/2014 for offences under Section 376/506 RPC registered with Police Station, Janipur, Justice Dhiraj Singh Thakur of J&K High Court after hearing Adv Sachin Gupta quashed the FIR along with all criminal proceedings.
While quashing the FIR, Justice Dhiraj Singh Thakur observed that during the pendency of the petition, objections were filed by the respondent No. 2/complainant, wherein it is stated that the respondent No. 2/complainant was in relationship with the petitioner for the last more than three years and that the relationship had developed without any coercion or assurance of any sort from any quarter. It is stated that the relationship between the two could not reach any conclusion, which led the respondent No. 2 complainant in depression, during which time she filed the FIR against the petitioner. It is stated that the respondent No. 2 complainant does not want to go ahead with the criminal case, as she wants to start her career again and has also workout her matrimonial aspects of her life in the future.
Justice Dhiraj Singh Thakur after hearing Adv Sachin Gupta and considering the matter in totality, after having gone through the averments made in the FIR as also the prayer made in the objections by respondent No. 2 complainant, it appears that permitting the criminal 561-A No. 212/2014, MP No. 241/2014 proceedings to continue would not be in the interest of justice and keeping in view the sensitivity of the matter,
especially one pertaining to the future of the respondent No. 2/ complainant, her prayer for quashment of the criminal proceedings cannot be ignored. Even otherwise, based upon the facts as narrated in the FIR, and considering the case law on the subject as held in "Uday Vs State of Karnataka" and considering the prayer made by the respondent No. 2 complainant, there s little chance of the criminal proceedings ending with the conviction of the petitioner.
With these observations High Court quashed the FIR and all criminal
proceedings. JNF
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