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Judgment
Manmohan, J
CRL.M.A. 12422/2012
Allowed, subject to just exceptions.
CRL.M.C. 2344/2012 & CRL.M.A. 12423/2012
Present petition has been filed u/s 482 Cr.P.C. for quashing of FIR No. 895/2007 registered with Police Station Prashant Vihar under Sections 342/376/506 of IPC. The relevant facts of the present case are that the petitioner was acquitted in a murder case of respondent-complainant''s husband vide order dated 23rd September, 2006 passed by Additional Sessions Judge, Rohini, Delhi.
On 27th July, 2007, respondent-complainant submitted a written complaint to the Police Station Rohini, Delhi stating that she had been rapped against her consent by the petitioner on 26th July, 2007. Since the Police did not take any action on the respondent-complainant''s complaint, she raised the issue in the Press. Thereafter she filed the criminal complaint with the Court of ACMM, Rohini, Delhi. On the direction of the Court, the SHO, PS Prashant Vihar registered the FIR and investigated the matter.
However, in the present petition it has been stated that the matter has been compromised between the petitioner and the respondent-complainant vide Compromise Deed dated 8th May, 2012 wherein the respondent-complainant has agreed to withdraw all complaints pending against the petitioner including the present FIR. In the affidavit filed in support of the present petition, respondent-complainant has deposed as under:-
That the deponent was shocked and depressed from the date of the death of her husband and she was in impression that her husband was killed by the petitioner even after the acquittal by the court of Sh. Sanjay Kumar Aggarwal, ASJ, Rohini Delhi on 23/09/2006 vide session Case no. 304/2006
In the absence of medical record, this Court is of the view that the respondent-complainant could not be suffering from shock and depression nearly seven years after the death of her husband and ten months after petitioner''s acquittal in the murder case. Further, this Court is of the opinion that a rape charge is a very serious allegation and no lady can be permitted to hurl a false rape charge on an innocent person whatever the provocation may be. The issue whether Sections 182 and 211 of IPC are attracted to the present case, is left open to be decided by the trial court. In view of the aforesaid, present petition is dismissed.