Case Note & Summary
The appellant, Haji Iqbal @ Bala, was the original accused No. 2 in FIR No. 195 of 2022 registered at Mirzapur Police Station, District Saharanpur, Uttar Pradesh, for offences under Sections 376-D (gang rape) and 506 (criminal intimidation) of the Indian Penal Code, 1860. The FIR was lodged on 25.08.2022 by a woman (referred to as 'X') alleging that in 2011 she purchased a plot of land, which was forcibly occupied by Javed, Haji Iqbal, and Mahmud in 2012. She claimed that between November 2018 and subsequent dates, she was repeatedly raped by Javed, Alishan, Afjal, and their advocate Jishan on the pretext of vacating the land, and was threatened with death. The appellant filed a Criminal Miscellaneous Writ Petition No. 15172 of 2022 before the High Court of Judicature at Allahabad seeking quashing of the FIR, which was dismissed on 17.10.2022. Aggrieved, the appellant approached the Supreme Court by way of special leave petition. The Supreme Court granted leave and considered the issue of whether the FIR should be quashed due to inordinate delay and lack of credible explanation. The Court noted that the alleged incidents of rape occurred between November 2018 and subsequent dates, but the FIR was lodged only in August 2022, nearly four years after the first alleged incident and 11 years after the land purchase. The Court found that the allegations of repeated rape over a period of seven years, without any complaint to the police or any other authority, were highly improbable and lacked credibility. The Court also observed that the FIR appeared to be motivated by a land dispute and was an abuse of the process of law. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and quashed the FIR and all proceedings arising therefrom.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inordinate Delay - FIR lodged after 11 years of alleged incident without credible explanation - Held that such delay, coupled with the nature of allegations (repeated rape over seven years) and the backdrop of a land dispute, makes the FIR an abuse of process of law, warranting quashing (Paras 1-10). B) Indian Penal Code - Gang Rape - Section 376-D IPC - Delay in FIR - Allegations of repeated rape by multiple persons over a period of seven years - Held that the allegations are highly improbable and the delay in lodging the FIR, without any explanation for the gap, renders the prosecution unsustainable (Paras 3-10). C) Indian Penal Code - Criminal Intimidation - Section 506 IPC - Delay in FIR - Allegations of threat to life - Held that the delay in reporting the threat, along with the overall delay, makes the FIR liable to be quashed (Paras 3-10).
Issue of Consideration
Whether the High Court was justified in refusing to quash the FIR under Section 482 CrPC when the FIR was lodged after an inordinate delay of about 11 years without any satisfactory explanation, and the allegations appeared to be motivated by a land dispute.
Final Decision
The Supreme Court allowed the appeal, set aside the order of the High Court dated 17.10.2022, and quashed the FIR No. 195 of 2022 registered with Mirzapur Police Station, District Saharanpur, and all proceedings arising therefrom.
Law Points
- Inordinate delay in lodging FIR
- lack of credible explanation for delay
- abuse of process of law
- quashing of FIR under inherent powers
- Section 482 CrPC
- Section 376-D IPC
- Section 506 IPC
