Delhi High Court Quashes 'Misguided' Rape FIR Filed By Woman Based On Compromise, Asks Her To Do Social Service In Blind School For Two Months

The Delhi High Court has recently quashed a rape FIR registered by a woman under misguidance and wrong advice after a compromise deed was filed by the parties, subject to the condition that she will do social service in a blind school for two months.

Justice Jasmeet Singh was of the view that the woman had been very unfair in her conduct and that the criminal justice system was put in motion on account of her whims and fancies which need to be deprecated.

"However, I cannot lose sight of the fact that respondent No. 2 is staying with her family and has 4 children (one daughter aged 12 years and a set of triplets aged around 3 years.)," the Court said.

Accordingly, the Court quashed the FIR registered under sec. 328 and 376 of IPC, while asking the complainant to work at All India Confederation of the Blinds (blind school) for a period of 3 hours, 5 days a week for a period of 2 months.

The accused in the FIR had approached the Court seeking quashing of the FIR after a compromise deed was entered between the parties.

As per the FIR, it was stated that the petitioner had offered cold drink to the complainant after which she fell unconscious and thereafter, the petitioner raped her.

As per the compromise deed, it was acknowledged that the petitioner never established physical relations with the complainant against her will and that she was having a money dispute with the petitioner, due to which she was disturbed and under some ill-advice and misguidance, she got the FIR registered.

Noting that the allegations in the FIR and the compromise deed were totally opposite, the Court said:

"I am of the view that the conduct of respondent No. 2 is very unfair and is a total abuse and misuse of the process of law. On a query, the respondent No. 2 states that she has been undergoing mental depression, as a result of which under misguided and wrong advice she has registered the FIR."

While quashing the FIR, the Court also directed the petitioner to plant 50 trees in consultation with the Investigating Officer, in city's Rohini Zone.

"Each tree shall have a nursery life of 3 years and the petitioners will look after their respective allotted trees for 5 years. The learned SC, for the State shall be informed with regard to each and every step in this regard. The 6 monthly status report along with photograph shall be filed. The above planting of trees shall be completed within a period of 6 weeks from today," the Court directed.

Case Title: HIMANSHU GOEL v. THE STATE (GOVT. OF NCT OF DELHI) AND ANR.

Citation: 2022 LiveLaw (Del) 729

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