The High Court may exercise its inherent jurisdiction to quash criminal proceedings when it finds that the prosecution is a malicious, vexatious, or retaliatory measure, or where the allegations are so absurd and inherently improbable that they constitute a clear abuse of the process of law.

ORDER :

Sanjay Dwivedi, J.

This petition was languishing to see its fate since 2021 and therefore, the learned counsel for the parties argued the matter finally on 22.02.2025 and today the order is being pronounced.

2. This petition has been filed under Section 482 of CrPC by the petitioners for quashing the FIR registered against them vide Crime No.567/2020 at Police Station Misrod, District Bhopal for the offence punishable under Sections 376(2)(n), 120-B, 201, 323, 506 of IPC and also seeking annulment of all subsequent proceedings arising out of the said FIR.

3. The encapsulated facts of the case are that the petitioners and prosecutrix belong to the same family. Petitioners No.1 and 2 are real brothers of the prosecutrix, whereas petitioners No.3 and 4 are her father and mother. It is alleged that on 16.10.2020, an FIR got lodged on the basis of complaint made by the prosecutrix stating therein that she is a divorcee and residing with the petitioners for the past two years. It is alleged that on 24.02.2020 while she was sleeping in her residence located at Olive-62, Ruchi Life Space, Bhopal, petitioner No.1 caught hold of her and when she started shouting, petitioner No.2 reached there and they (both, petitioner No.1 and No.2) gagged her mouth and ripped her clothes. Just then, petitioners No.3 and 4 came there and asked petitioners No.1 and 2 not to be merciful with her and if she shouted, they should assault her and then they (petitioners No.3 and 4) left the room and came downstairs and raised the volume of television so as not to suppress her cry for help. Thereafter, it is alleged that petitioners No.1 and 2 committed rape with prosecutrix and also threw chilly powder on her. After 3-4 hours, she was allowed to take bath and then only she cleansed herself and then she was threatened that if she disclosed about the incident to anybody, she would face dire consequences.

3.1 It is also alleged that the petitioners got the money withdrawn from the bank account of the prosecutrix and also asked her to handover the ornaments and when she refused to do so, they forcibly took the possessions of all her valuables, viz. Cell-phone, Purse and relevant documents. It is also alleged that the petitioners have brutally assaulted the prosecutrix and when she got an opportunity, she ran away from the house. When the prosecutrix approached the police station Misrod for lodging a report, she was informed that a case has already been registered against her for the offence punishable under Sections 294, 323, 506, 327 of IPC. The police retained her at police station and produced her before the Court from where she was released on bail. It is also alleged that the petitioners kept withdrawing the money from her account and as such report of misappropriation of her funds and committing marpeet with her has been lodged against the petitioners.

4. From the contents of FIR, according to the petitioners, it can easily be seen that there is no sufficient explanation given by the prosecutrix about the delay in lodging the FIR, conversely, it has been stated that a report had already been made against the prosecutrix. As per the petitioners, if the overall facts are seen, it would absolutely be clear that a false complaint was made against them so as to harass them by making false implication and just to tarnish their image in the society, a concocted case has been got registered. Indeed, the prosecutrix was married twice. Firstly in 2009 she had a love marriage with one Gulab Sahu and thereafter made a report against him for the offence punishable under Section 498-A of IPC also under the provisions of Do