Case Note & Summary
The applicant, Siddhodhan alias Shudhodan Kurule, filed a criminal application under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) before the Bombay High Court, Bench at Aurangabad, seeking quashing of FIR No. 30/2018 registered at Nava Mondha Police Station, Parbhani, and the consequent charge-sheet. The FIR was lodged by respondent no. 2, a widow with two children, alleging that the applicant, who was known to her, entered her house on 13.07.2017 under the pretext of drinking water, brandished a knife, threatened to kill her children, and forcibly raped her. She further alleged that the applicant continued to visit her repeatedly under the influence of liquor, threatened to defame her, and had forcible sexual relations against her will. On one occasion, he allegedly beat her and forcibly took her gold ornaments, stating that a widow did not need them. The informant claimed that she did not report the matter earlier due to threats to her children. The FIR was registered on 30.01.2018, more than six months after the first alleged incident. The applicant contended that the FIR was belated, false, and baseless, and that the informant, being a widow residing in a thickly populated locality with two children, had ample opportunity to report the matter but did not. He argued that the relationship was consensual and that the FIR was an abuse of process. The State and the informant opposed the application, submitting that the delay was explained by the threats and that a prima facie case was made out. The court, after hearing submissions, analyzed the delay and the conduct of the informant. It noted that the informant lived in a populated area, had parents, and could have reported the matter earlier. The court found the explanation for the delay unconvincing and observed that the allegations of repeated sexual assault over several months without any complaint or medical evidence suggested a consensual relationship. The court held that continuing the proceedings would be an abuse of the process of law and quashed the FIR and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inherent Powers - Delay in Lodging FIR - The court examined whether an FIR lodged after a delay of over six months from the first alleged incident, with no satisfactory explanation, warrants quashing. Held that unexplained and inordinate delay, coupled with the informant's failure to report despite opportunities, renders the FIR liable to be quashed as an abuse of process of law (Paras 1-12). B) Indian Penal Code - Rape - Sections 376, 406, 427, 323, 506 IPC - Consensual Relationship Inference - Where the informant, a widow, alleged repeated forcible sexual intercourse by an acquaintance over several months but did not raise alarm despite living in a populated area and having access to family, the court inferred that the relationship was likely consensual. Held that such allegations, when viewed with delay and lack of corroboration, do not constitute a prima facie case for rape (Paras 2-12).
Issue of Consideration
Whether the FIR and charge-sheet against the applicant for offences under Sections 376, 406, 427, 323, 506 IPC should be quashed under Section 482 CrPC on grounds of delay, false implication, and lack of credible material.
Final Decision
The court allowed the application and quashed FIR No. 30/2018 registered at Nava Mondha Police Station, Parbhani, and all consequential proceedings.
Law Points
- Inherent power under Section 482 CrPC
- quashing of FIR
- delay in lodging FIR
- lack of credible explanation for delay
- consensual relationship inference
- abuse of process of law
