That in the absence of any particular allegation in the FIR against the appellant herein, the High Court should not have declined to quash the FIR by way of a cryptic order saying that the appellant has criminal antecedents and the FIR prima facie reveals commission of congnizable offences. The High Court should have first inquired as to what type of allegations have been levelled against the appellant. By just naming the appellant in the FIR, offence cannot be said to have been committed by him. If any particular role is attributed or some kind of active participation is alleged in relation to the alleged offence, then it would be a different scenario. (Para 12)
We take notice of the fact that for the alleged act of gang rape of 2018, the FIR came to be lodged sometime in the year 2022 i.e. after almost a period of four years. It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. (Para 13)
There is nothing to indicate that the appellant herein as one of the accused persons had committed the offence as alleged. All that has been stated in the counter affidavit is that the appellant is a hardened criminal and against him multiple FIRs have been registered over a period of time for different offences. (Para 16)
For the aforesaid reasons, this appeal succeeds and is hereby allowed. The impugned order passed by the High Court of Judicature at Allahabad is hereby set aside. (Para 17)
SUPREME COURT OF INDIA
Citation: 2023 STPL(Web) 145 SC = 2023 INSC 686
Haji Iqbal @ Bala Vs, State Of U.P. & ors.
Criminal appeal no. 2343 of 2023 (Arising out of S.L.P. (Criminal) No. 2988 of 2023) – Decided on 8-8-2023
https://stpllaw.in/wp-content/uploads/2023/08/2023-STPLWeb-145-SC.pdf
