Case Note & Summary
The present application was filed by Subhashbhai Trambaklal Modi under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of FIR I-C.R. No. 141 of 2014 registered with Naranpura Police Station, Ahmedabad City, dated 06.05.2014, for offences punishable under Sections 376, 362, 342, 328, 406, 323, 506(1), and 114 of the Indian Penal Code, 1860, and under Section 135(1) of the Gujarat Police Act. The applicant also sought quashing of the charge-sheet and Sessions Case No. 218 of 2015 pending before the Additional Sessions Judge, City Civil and Sessions Court, Ahmedabad. The respondent No. 2, the victim, lodged the FIR alleging that the applicant, a neighbour, induced her on the pretext of arranging her marriage with his relative and instigated her against her family members. It was alleged that the applicant took her to his office, gave her a cold drink laced with something, and subjected her to sexual intercourse. The complainant further alleged repeated sexual assaults at different places. The FIR was lodged approximately 8 years after the alleged first incident. The applicant contended that the FIR was lodged with inordinate delay without any plausible explanation, and the allegations were false and motivated. The court examined the delay and found that the complainant had cleared her 12th standard examination about 8 years prior to the FIR, and the alleged incidents occurred around that time. The court noted that the complainant did not provide any satisfactory explanation for the delay. The court also observed that the allegations were vague and lacked corroborative evidence. Relying on the principle that inordinate delay in lodging FIR without explanation raises serious doubts about the veracity of the allegations, the court held that continuing the proceedings would be an abuse of the process of law. The court quashed the FIR, charge-sheet, and all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Section 482 CrPC - Inordinate Delay - FIR lodged after 8 years of alleged incident without plausible explanation - Held that such delay raises serious doubts about the veracity of the allegations and amounts to abuse of process of law - Proceedings quashed (Paras 1-21). B) Indian Penal Code - Rape - Sections 376, 362, 342, 328, 406, 323, 506(1), 114 IPC - Delay in FIR - Allegations of rape and other offences - Complainant alleged repeated sexual assault over a period but FIR filed after 8 years - Held that unexplained delay coupled with lack of corroborative evidence makes the prosecution unsustainable (Paras 2-21). C) Gujarat Police Act - Offence under Section 135(1) - Quashing - FIR also alleged offence under Gujarat Police Act - Held that since the main offences under IPC are quashed, the ancillary offence also cannot survive (Para 21).
Issue of Consideration
Whether the FIR and subsequent proceedings should be quashed on the ground of inordinate delay in lodging the FIR and lack of credible evidence.
Final Decision
The application is allowed. The FIR being I-C.R. No. 141 of 2014 registered with Naranpura Police Station, District Ahmedabad City, dated 06.05.2014, the charge-sheet filed pursuant thereto, and the proceedings of Sessions Case No. 218 of 2015 pending before the learned Additional Sessions Judge, City Civil and Sessions Court at Ahmedabad are hereby quashed and set aside.
Law Points
- Inordinate delay in lodging FIR
- lack of credible evidence
- quashing of criminal proceedings under Section 482 CrPC
- abuse of process of law
- delay unexplained
- false implication
