Rape case quashed by Delhi HC on account of settlement deed

New Delhi, Aug 02: The Delhi High Court has quashed a rape First information Report (FIR) by a "misguided" woman complainant with a direction to her to offer social service at All India Confederation of the Blind for two months, PTI reported.

Justice Jasmeet Singh noted that the allegations in the FIR by the alleged victim and the compromise deed between her and the accused to close the dispute were "totally opposite" and remarked that the "criminal justice system has been put in motion on account of her whims and fancies which need to be deprecated." "I deem it fit that the FIR under section 328 (causing hurt by means of poison, etc)/376 (rape) IPC at P.S. Shahbad Dairy Distt., Outer North, Delhi, and subsequent proceedings emanating therefrom is quashed, subject to the respondent No. 2 (complainant woman) working at All India Confederation of the Blinds, Sector 5, Rohini, behind Rajiv Gandhi Cancer Hospital, New Delhi, Delhi-110085 in Sector 5, Rohini for a period of 3 hours, 5 days a week for a period of 2 months," said the court in its recent order.

The court quashed the FIR as well as the subsequent proceedings and asked the woman to "assist and help" the organisation for the blind to the best of her ability and also directed the accused in the FIR to plant 50 trees.

"The petitioner (accused) also is directed to plant 50 trees with the following compliance: The petitioner also undertakes to plant 50 trees in consultation with the Investigating Officer, who shall get in touch with the Horticulture Department of the MCD, Rohini Zone, and indicate the area, where the trees are to be planted," the court said.

In the FIR, the woman claimed that the petitioner, who filed the petition to quash the FIR, offered her a cold drink after which she fell unconscious and then the petitioner raped her.
In the settlement deed, however, it was said that the parties had a "money dispute" and the woman was "disturbed and under some ill-advice and misguidance, she got the subject FIR registered".

The court opined that the conduct of the woman was "very unfair" and a "total abuse and misuse of the process of law".

"The respondent No. 2 (woman) states that she has been undergoing mental depression, as a result of which under misguided and wrong advice she has registered the FIR," it said.

"I am of the view that respondent No. 2 has been very unfair in her entire conduct. The criminal justice system has been put in motion on account of her whims and fancies which need to be deprecated," the court added.

The court however said that it "cannot lose sight of the fact" that the woman was a mother of four children and was staying with her family and directed her to offer social service.

The court said that the woman will comply with all COVID protocols during the period of the social service and should be fully vaccinated unless medically exempted.