High Court quashes FIR against man in rape case

The Delhi High Court has decided to quash an FIR lodged against a man for rape after the woman admitted that she had made false allegations and sought unconditional apology from the court.

Justice Suresh Kumar Kait took the unconventional decision of converting the petition, which was originally filed by the man seeking anticipatory bail to that of quashing the FIR itself noting that “no useful purpose would be served in prosecuting petitioner [man] any further”.

The court’s order came after the woman, who was present during the videoconferencing hearing of the man’s anticipatory plea, stated that due to misunderstanding, she made false allegations of rape, which culminated into the FIR.

The court was informed that they remained friends for two years and had consensual physical relations with each other.

However, they broke up in February, 2020 and the present FIR is registered on October 27. She said she does not want to pursue the case.

Apex court says

The Supreme Court has in several judgments ruled that FIR should not be quashed in case of a heinous offence.

However, when the woman herself takes the initiative and states that “she made the complaint due to some misunderstanding and now wants to give quietus to the misunderstanding”, which arose between her and the man, “in my considered opinion, in such cases, there will be no purpose in continuing with the trial,” Justice Kait observed while quashing the FIR.