HC quashes rape FIR, cites misuse of legal provisions | Delhi News


HC quashes rape FIR, cites misuse of legal provisions

New Delhi: The Delhi High Court recently quashed an FIR lodged against a man accused of allegedly raping a woman with whom he had been in a relationship. The court observed that the offence of rape is one of the “most heinous crimes” but acknowledged that “some individuals misuse the legal provisions to harass their male counterparts”.
The HC, in its ruling, granted relief to the man stating that the FIR appeared to be an afterthought, based on recordings, WhatsApp chats, and statements recorded before a magistrate. These pieces of evidence established that the alleged rape did not occur. The court emphasised that the couple had consensually agreed to a physical relationship, without any false promises of marriage.
Justice Chandra Dhari Singh said, “It is true that the provision under which the FIR has been lodged is one of the most heinous crimes against women. However, it is also an established fact that some people use it as a weapon to unnecessarily harass the male counterpart.” The court highlighted that this case was an example of how innocent individuals can face undue hardships due to the misuse of the law.
The court also observed that it was necessary to investigate if the complainant had an ulterior motive to seek vengeance. The defense counsel argued that the petitioner and the complainant had been in a consensual relationship, but after some discord, the man and woman did not marry. Subsequently, the woman filed the rape case against him.
The prosecutor opposed the quashing petition, asserting that the woman’s complaint clearly indicated sexual assault. However, the court found that the woman had been in regular contact with the petitioner, sharing personal details, and that despite reservations from the man’s family, he was willing to marry her. The woman, however, later entered into a relationship with another man.




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