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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Rakesh Kainthla, J
Vikas Sidhu – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Rakesh Kainthla, J.
1. The informant/victim made a complaint to the police that her husband had died one year before the complaint. She was known to Jagdish’s wife, posted in Girls School, who told her that her brother-in-law was serving at Shimla and she would get the informant married to him. She introduced the informant to the petitioner. They shared their numbers. The petitioner visited the old bus stand on the 26th and took the victim to a room in a hotel on the pretext of getting acquainted with each other. The petitioner raped the informant in the room. He assured the victim to marry her and continued to talk to her. Subsequently, he refused to marry her. The police registered the FIR and conducted the investigation.
2. The petitioner filed the present petition seeking to quash the FIR, asserting that its registration constitutes an abuse of the process of law. The petitioner has been falsely implicated. The story propounded by the informant is a bundle of lies, full of inconsistencies and embellishments. The FIR does not disclose the ingredients of the offence. The petitioner is a 100% visually impaired person, and he never stayed with the informant. The FIR was lod
An FIR disclosing a prima facie case of rape cannot be quashed, and the truthfulness of allegations cannot be assessed at the quashing stage.
Rape – A married lady is not supposed to betray her husband by entering into physical relationship with another man.
The court emphasized that when a victim alleges rape and states there was no consent, the presumption under Section 114A of the IPC must apply, reinforcing that such matters must be resolved in a ful....
The court established that allegations in an FIR, if taken at face value, can substantiate the commission of a cognizable offence, thus inhibiting quashing unless clearly abusive or lacking merit.
The court emphasized that the power to quash an FIR should be exercised sparingly and with circumspection, and that criminal proceedings should not be scuttled at the initial stage unless there is a ....
The consent of a minor in a sexual offense case is irrelevant, and evidence produced by the accused in his defense cannot be considered at the initial stage of criminal proceedings.
A mere breach of promise to marry does not constitute an offence under IPC unless it is shown that the promise was made in bad faith with no intention to adhere to it.
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