Mahima
The Supreme Court quashed an eight-year-old FIR over allegation of rape after the parties submitted that it was an outcome of some misunderstanding and they are happily married since last seven years.
The bench of Justices AM Khanwilkar and Dinesh Maheshwari set aside the order of Delhi High Court rejecting the pleas for quashing the FIR.
The apex court commented, “Considering the nature of allegations in the FIR and the realization of the fact that due to miscommunication FIR came to be registered at the relevant point of time which issues/misunderstanding have now been fully resolved and the parties are happily married since October 11, 2014, the basis of FIR does not survive”.
The order also mentioned, “Rather registering such FIR was an ill-advised move on the part of the private respondent, is the stand now taken before us. It is seen that the appellant and private respondent are literate and well-informed persons and have jointly opted for quashing of the stated FIR”.
The FIR was lodged at the Safdarjung Enclave police station for the alleged offences under various sections of the Indian Penal Code (IPC), including 376 (Rape).
The top court passed the judgment, “The impugned judgment and order is set aside. Instead, the writ petition filed by the appellant for the quashing is allowed, as a result of which, all steps taken on the basis of the impugned FIR be treated as effaced from the record in law”.
