Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 693

SUPREME COURT OF INDIA
B.R. GAVAI, J.B. PARDIWALA, JJ.
Haji Iqbal @ Bala Through S.P.O.A.– Appellant
Versus
State Of U.P. & Ors. – Respondent
Criminal Appeal No. 2343 of 2023 (Arising out of S.L.P. (Criminal) No. 2988 of 2023)
Decided on : 08-08-2023

Advocates appeared:
For the Petitioner(s): Mr. Siddhartha Dave, Sr. Adv. Mr. Mohd. Zahid Hussain, AOR Ms. Jemtiben Ao, Adv. Mr. Anupam Mishra, Adv.
For the Respondent(s): Ms. Garima Prasad, AAG, Sr. Adv. Mr. Brijendra Chahar, Sr. Adv. Mr. Vishwa Pal Singh, AOR Mr. Ashish Pandey, Adv. Mr. Prateek Rai, Adv. Mr. Ashutosh Bhardwaj, Adv. Mr. Shashank Gusain, Adv. Mr. Shubham Saxena, Adv. Mr. Akash, Adv. Mr. Abhinav S. Agrawal,, Adv. Mr. Hemant Kumar Gupta, Adv.

IMPORTANT POINTS
(1) Ordinarily, an injured witness would not tell a lie as to actual assailants, but there is no presumption or any basis for assuming that statement of such a witness is always correct or without any embellishment or exaggeration.
(2) Rape causes greatest distress and humiliation to victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to accused as well.
(3) Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account overall circumstances leading to initiation/registration of case as well as materials collected in course of investigation.

Headnote:
(A) Indian Penal Code, 1860 – Sections 376-D and 506 – Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Gang rape and criminal conspiracy – Quashing of criminal proceedings – In entire FIR there is not a whisper of any allegation of rape or criminal intimidation against the appellant – If FIR does not disclose anything against appellant and even at end of investigation, if nothing incriminating has surfaced against appellant, then continuation of criminal proceedings against appellant would be nothing but gross abuse of process of law – High Court should not have declined to quash FIR by way of a cryptic order saying that appellant has criminal antecedents and FIR prima facie reveals commission of cognizable offences – High Court should have first inquired as to what type of allegations have been levelled against appellant – By just naming appellant in FIR, offence cannot be said to have been committed by him – Ordinarily, an injured witness would not tell a lie as to actual assailants, but there is no presumption or any basis for assuming that statement of such a witness is always correct or without any embellishment or exaggeration – Rape causes greatest distress and humiliation to victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to accused as well – Accused must also be protected against possibility of false implication, particularly where a large number of accused are involved – Impugned Order passed by High Court set aside and criminal proceedings quashed so far as appellant is concerned. (Paras 11, 12, 13, 15 and 17)
(B) Criminal Procedure Code, 1973 – Section 482 – Constitution of India – Article 226 – Quashing of criminal proceedings – Court while exercising its jurisdiction under Section 482 of Cr.P.C. or Article 226 of Constitution need not restrict itself only to stage of a case but is empowered to take into account the overall circumstances leading to initiation/registration of case as well as materials collected in course of investigation – In frivolous or vexatious proceedings, Court owes duty to look into many other attending circumstances emerging from record of case over and above averments and, if need be, with due care and circumspection try to read in between lines. (Para 14)
Facts of the case:
Present appeal is at instance of original accused No. 2 in FIR registered for offences punishable under Sections 376-D and 506 respectively of the Indian Penal Code and is directed against the order passed by High Court of Judicature at Allahabad dated 17.10.2022 in Criminal Miscellaneous Writ Petition No. 15172 of 2022 filed by appellant by which High Court rejected Writ Petition and thereby declined to quash FIR.
Findings of Court:
Observations made in this judgment are relevant only for the purpose of the FIR in question and consequential criminal proceedings. None of observations shall have any bearing on any of pending criminal prosecutions or any other proceedings.
Result : Appeal allowed.

JUDGMENT :

J.B. PARDIWALA, J.

1. Leave granted.

2. This appeal is at the instance of the original accused No. 2 in the First Information Report (FIR) No. 195 of 2022 dated 25.08.2022 registered with the Mirzapur Police Station, District Saharanpur, State of U.P. for the offences punishable under Sections 376-D and 506 resply of the Indian Penal Code (for short, “IPC”) and is directed against the order passed by the High Court of Judicature at Allahabad dated 17.10.2022 in the Criminal Miscellaneous Writ Petition No. 15172 of 2022 filed by the appellant by which the High Court rejected the Writ Petition and thereby declined to quash the FIR referred to above for the enumerated offences therein.

3. The FIR lodged by the one “X” reads thus:-

“Copy of the Complaint --To the Incharge Inspector Sir. P.S. Mirzapur, District-Saharanpur. Sir, it is humbly requested that my name is X wife of Y, Residence of : Village Kot Mustarka, P.S. Chachrauli, District Yamuna Nagar, Haryana. It is in the year 2011 one of my relatives told to me that one plot of land situated at Village Safipur vide land Khasra No. 145/1 area 0.461 Hectare belonged to Arnit Kumar Joshi son of Surendra Joshi residence of Mani Majara Road, Chandigarh was then decided by said owner for sale of the said land plot. It is in view of the same, I executed sale deed for purchase of present land on 25.11.2011. The present land in the year 2012 forcefully captured by Javed son of Iqbal @ Bala, Hazi Iqbal@ Bala son of Abdul Wahid and Mahmud son of Abdul Wahid residence of Kaswa & P.S. -Mirzapur, District-Saharanpur. I then requested these people to vacate my land when these people started to threaten me. I have made many more requests to these people. It is however, these people did not budge. It is in the Month of November, 2018 said Javed, his brother Alishan and their Advocate Jishan sol! of Jamil residence of Padli Grant, P.S. Mirjapur, District Saharanpur called me for communication near to Tubewell at Glocal University. It is then these people for vacating my land, they compelled me to make physical relation with them. It is then Javed sent Alishan to bring some food items from the market. It is thereafter, the then present Javed and his Advocate Jishan after bringing me before the Tube well room; they separately made forceful rape with me. They thereafter threatened that if I communicate to any one, they will take my life. It is sometimes later Alishan after taking goods from the market came before there It is then Javed and Jishan leave that place on the excuse that they are going toward Badshahi Bag. It is thereafter, Alishan after finding me alone; he also raped me after taking me inside the tube well room. He threatened to kill me in case I open mouth. It is thereafter I returned to my home. It is on next week, I returned to see my field. It is then I met Afjal and his advocate Jishan. They called me before the Tubewell for making communication. It is on the excuse of vacating the forceful possession of my land, Afjan son of Iqbal and his Advocate Jishan again raped me forcefully. It is still these people did not vacate my land. It is for many times it is Javes and his brother Alishan, Afjal and Jishan on the excuse of vacating my land, they separately blackmailed and committed the crime of rape with me. These people after threatening me, they told that I should forget about the land. I want to state that these people are very powerful people. It was earlier due to threat to my life, I then unable to state anything at the point of time. It is, therefore, you are requested to lodge my report and take necessary legal action. It will be humble justice for me.”

4. Thus, a plain reading of the aforesaid FIR reveals that the victim “X” is a resident of Village Kot Mustarka, P.S. Chachrauli, District Yamuna Nagar, Haryana. She had purchased a land bearing Khasra No. 145/1 admeasuring 0.461 hectares situated at Village Safipur, Behat, Saharanpur from one Amit Kumar Joshi on 25.11.