SC quashes rape FIR after parties say they’re 'happily married'

Tribune News Service

New Delhi, April 16

The Supreme Court has quashed an eight-year-old rape case after the complainant and the accused made a joint request to it to close the case as they were happily married since 2014.

“Considering the nature of allegations in the FIR and the realsation of the fact that due to miscommunication FIR came to be registered at the relevant point of time which issues/misunderstanding have now been fully resolved and the parties are happily married since October 11, 2014, the basis of FIR does not survive,” a Bench led by Justice AM Khanwilkar said.

All steps taken on the basis of the FIR shall be treated as effaced from the record in law, the top court setting aside the orders of the Delhi High Court which had refused to quash the FIR.

“Rather registering such FIR was an ill-advised move on the part of the private respondent, is the stand now taken before us. It is seen that the appellant and private respondent are literate and well-informed persons and have jointly opted for quashing of the stated FIR,” it said.

The FIR at the Safdarjung Enclave police station related to offences under various provisions of the IPC, including Section 376 (rape).

The Bench took note of the fact that after registration of the FIR, the parties were able to resolve their differences and got married in October 2014.

Maintaining that the FIR registered on September 17, 2013 was the outcome of some misunderstanding between them, the complainant and the accused had made a joint request to quash the FIR.

 “Taking overall view of the matter, therefore, in the interest of justice, we accede to the joint request of quashing of FIR in the peculiar facts of the present case,” the top court said in its April 12 order.