The Supreme Court has quashed a rape case filed by a Dalit student of Allahabad University on the ground that the complaint was filed after four years of the alleged assault, laying down fresh guidelines for high courts to bin criminal cases that abuse the process of law and cause harassment.
A bench of Justices J.B. Pardiwala and Sandeep Mehta passed the order while allowing an appeal filed by accused Pradeep Kumar Kesarwani challenging an Allahabad High Court order refusing to quash the summoning order passed by a trial court in the case.
Kesarwani argued that a false rape complaint was lodged against him in 2014, four years after the alleged incident. He said the woman had brought charges of rape and other offences under the SC-ST Act after their consensual relationship turned sour.
Allowing the appeal, the apex court noted that the complainant showed a lack of seriousness in pursuing the case. “We are of the view that the Additional Chief Judicial Magistrate committed an error in passing the summoning order. The high court too overlooked the relevant aspects of the matter while rejecting the Section 482 (of the Criminal Procedure Code) application. It is very apparent on a plain reading of the complaint, more particularly, considering the nature of the allegations that the same doesn’t inspire any confidence. There is no good explanation offered why it took
four years for respondent no. 2 to file a complaint,” the top court observed.
The fact that the complainant did not accept the notice issued by the Supreme Court also showed that she was not serious about pursuing the case, the bench said.
“...We are of the view that continuation of the criminal proceedings against the appellant would be nothing but gross abuse of the process of law.... The impugned order passed by the high court is set aside,” the bench ruled.
Citing earlier judicial precedents, the apex court laid down guidelines for high courts to follow in such cases. The bench said that high courts should examine whether the material relied upon by the accused (i) was sound, reasonable and indubitable; (ii) would rule out the assertions contained in the charges levelled against the accused; (iii) has not been refuted by the prosecution/complainant; and (iv) whether proceeding with the trial would result in an abuse of process of the court.
“If the answer to all the steps is in the affirmative, the judicial conscience of the high court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC,” the bench said.