Code of Criminal Procedure, 1973 – Section 482 – Indian Penal code, 1860 – Section 376, 506 – Quashing of Criminal Proceedings – Rape – Quashed – Earlier family disputes and litigation – Plea that applicant committed rape with her in her paternal home which appears to be improbable and this fact further shows that a false story of rape has been cooked up by the informant, i.e., ‘Bhabhi’ of the applicant.
Held: It is not just enough for the Court to look into the averment made in the FIR/ complaint alone for the purpose of ascertaining whether the necessary ingredients constitute the alleged offence are disclosed or not. In frivolous or vexatious or proceedings instituted with the ulterior motive for wreaking vengeance, this Court owes a duty to look into the FIR and record of the case over and above the averments.
In case at hand, applicant is brother-in-law (Devar) of the informant i.e. opposite party no.2 and earlier also opposite party no.2 lodged two cases against him and his parents including the case under Section 498A , 354 IPC and case under the provisions of Domestic Violence Act, therefore, attending circumstances indicate that opposite party no.2 instituted the impugned proceedings against the applicant for wreaking vengeance due to personal grudge as alleged by applicant. Further, on analysing the facts of the case it appears that very casually opposite party no.2 made allegation of rape against the applicant, which prima facie appears to be unconvincing, therefore, this Court is of the view that allegation of rape was made with ulterior motive only to harass the applicant. FIR Quashed. (Para 13, 38, 39, 40)
ALLAHABAD HIGH COURT
2023 STPL(Web) 118 Allahabad
[Neutral Citation No. -2023:AHC:175010]
Prashant Saxena Vs. State Of U.P. And Anr
Application U/S 482 No. 19546 of 2019-Decided on 29-8-2023
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