Thursday, December 1, 2022

Allahabad High Court dismisses plea for quashing rape FIR

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The Allahabad High Court dismissed an application seeking the quashing of the FIR of rape registered in Dhampur, Bijnor.

The Division Bench of Justice Ashwani Kumar Mishra and Justice  Ajai Tyagi passed this order while hearing a Criminal Writ Petition filed by Jalilurrahman @ Jamaluddin.

The petition has been filed with a prayer to quash the FIR in Case under Sections 452, 376, 511, 506 IPC, Police Station Dhampur, District Bijnor, which alleges that the accused persons forcibly entered the house of the informant and with the intent to commit rape, outraged the modesty of her daughter and on her shouting, accused persons fled by extending threats.

In this petition, the prayer for quashing of the FIR is made on the ground that the accused person is the witness in a case registered under Section 156(3) CrPC and that the lodging of the FIR is only as a means of counter blast.

From a perusal of the FIR, the Court found that specific allegation is made with regard to outraging the modesty and attempt to commit rape of the informant’s daughter and whether such allegation is correct or as a result of counter blast are aspects which can be examined only at the stage of investigation/trial.

“Once the FIR prima facie discloses commissioning of cognizable offence, we would not be justified in interfering with it or to quash it. we are of the view that the First Information Report cannot be quashed, in view of the law laid down by the Apex Court in the case of State of Telangana Vs. Habib Abdullah Jellani,” the Court observed while dismissing the petition.

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