Supreme Court To Hear Ex-Indian Army Officer's Plea To Quash Criminal Proceedings In Rape Case

The Supreme Court today (November 5) issued notice on a Special Leave Petition filed by ex-officer of the Indian Army, Rakesh Walia, seeking quashing of the FIR and other consequential proceedings against him on grounds of malicious prosecution and abuse of law under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

A bench of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah has agreed to consider the SLP which pertains to the impugned judgment and final order of the Delhi High Court dated July 31, 2024.

The High Court through the impugned order dismissed the petition of Capt. Rakesh Walia under Section 528 of BNSS to quash the FIR and consequential proceedings arising out of FIR No. 766/2021 for offences under Sections 376/377/506/328 of the Indian Penal Code, 1860.

As per the SLP, the High Court ignored the important fact that maliciously, wrongfully 7 FIRs had been registered by the said Prosecutrix / Complainant against 9 different persons at 7 different police stations including Petitioner in the last 8 years.

The factual matrix of the Petitioner's case is that he is an established author and has authored three high books with huge social media footprints and followings. During the Covid lockdown around 2019 -2020, the Petitioner was contacted by Respondent No.2 (Complainant/Prosecutix), who claimed to be a Social Media Influencer and had adequate team to help the Petitioner, in marketing his autobiography book “Broken Crayons Can Still Colour” on various social media platforms to reach a wider reach of audience.

The Petitioner stated that he decided to engage the services of Respondent No. 2. On December 29, 2021, they met in person to discuss the modalities for promoting his autobiography. On the same day, the Petitioner has alleged that the Respondent No. 2 filed a complaint at the Noida Sector 37 Police Post alleging she was raped by offering some intoxicating drink.

The Petitioner alleged that thereafter, FIRs were logged in Ghitorni and Mehrauli Police Stations. After the investigation, no arrest chargesheet was filed against the Petitioner. On August 4, 2022, the Petitioner was granted regular bail by the Trial Court. After this, a Supplementary Chargesheet was filed by the Mehrauli police. It is the case of the Petitioner that he was approached by Respondent No. 2's lawyer to make a monetary settlement.

Case Details: RAKESH WALIA v. STATE OF NCT OF DELHI AND ANR., SLP(Crl) No. 14850/2024

Appearance: Advocate Ashwani Kumar Dubey

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