New Delhi, Apr 15 (PTI) The Supreme Court has quashed an FIR lodged in 2013 over allegation of rape after the accused as well as the complainant said it was an outcome of “some misunderstanding” between them and they are happily married since 2014.
A bench of Justices A M Khanwilkar and Dinesh Maheshwari, while acceding to the joint request of quashing of the FIR, set aside the orders passed in November 2019 and January last year by the Delhi High Court which had rejected the pleas for quashing of FIR registered here.
“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 bench said in its order passed on April 12.
“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,” it said.
The apex court passed the order on a plea filed by the accused, who through his counsel Nishaank Mattoo, had challenged the orders of the high court in the matter in which the FIR was lodged in September 2013.
The FIR was lodged at the Safdarjung Enclave police station here for the alleged offences under sections of the Indian Penal Code, including 376 (rape).
In its order, the bench noted it is not in dispute that after the registration of FIR, the parties were able to resolve their differences and eventually got married in October 2014.
“A joint request is, therefore, made on behalf of the appellant and the private respondent that the FIR registered on September 17, 2013 be quashed as it was the outcome of some misunderstanding between the parties,” the bench said.
“Taking overall view of the matter, therefore, in the interest of justice, we accede to the joint request of quashing of FIR in the peculiar facts of the present case,” it said, while allowing the appeal.
The bench said all steps taken on the basis of the FIR be treated as effaced from the record in law. PTI ABA ABA RKS RKS