Case Note & Summary
The applicant, Shaikh Pasha, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 182 of 2020 registered at Peth Beed Police Station for offences under Sections 376 and 506 of the Indian Penal Code, 1860, and the consequent charge-sheet. The FIR was lodged by respondent no. 2, a married woman, alleging that the applicant, who was a friend of her husband, forcibly raped her between September-October 2015 and throughout 2015-2016, and threatened her. She claimed that her husband divorced her on 21 August 2016 after learning of the incidents, and that the applicant later promised to marry her, took her to an advocate, and they lived together as husband and wife. Subsequently, he avoided her, leading her to file the FIR in 2020. The applicant argued that the relationship was consensual, as evidenced by the informant living with him after the alleged rape, and that the FIR was filed after a long delay. The court analyzed the allegations and found that the informant's own version indicated a consensual relationship, as she continued to stay with the applicant and claimed he promised to marry her. The court held that the allegations, even if taken at face value, did not constitute the offence of rape, and the FIR was an abuse of the process of law. Consequently, the court allowed the application and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Consensual Relationship - The court examined whether a rape FIR can be quashed when the allegations indicate a consensual relationship and the complaint was filed after a significant delay. Held that where the allegations, even if accepted in entirety, do not constitute the offence alleged, the FIR can be quashed to prevent abuse of process. (Paras 1-12) B) Indian Penal Code - Rape - Section 376 IPC - Consent - The court considered whether sexual intercourse between the applicant and the informant was forcible or consensual, noting that the informant continued to live with the applicant after the alleged incidents and claimed he promised to marry her. Held that such conduct is inconsistent with a claim of forcible rape and indicates consent. (Paras 2-12) C) Criminal Procedure Code - Delay in FIR - Section 482 CrPC - The court noted that the FIR was lodged in 2020 for incidents alleged to have occurred in 2015-2016, with no explanation for the delay. Held that unexplained delay in lodging FIR is a relevant factor in quashing proceedings. (Paras 2-12)
Issue of Consideration
Whether the FIR and charge-sheet for offences under Sections 376 and 506 IPC should be quashed on the ground that the relationship was consensual and the complaint was filed after a long delay.
Final Decision
The court allowed the criminal application and quashed FIR No. 182 of 2020 registered with Peth Beed Police Station and all consequential proceedings.
Law Points
- Quashing of FIR
- Section 482 CrPC
- Consensual sexual relationship
- Delay in lodging FIR
- Abuse of process of law
