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Quashing rape FIR after compromise, HC orders woman to do social service; accused to plant 50 trees

Justice Jasmeet Singh said that the complainant has been very unfair in her entire conduct and the criminal justice system has been put in motion on account of her whims and fancies.

By: Express News Service | New Delhi |
Updated: August 2, 2022 12:55:35 pm
Delhi hcDelhi High Court (File)

Quashing a first information report (FIR) alleging rape, after the prosecutrix said she filed the case under “ill-advice and misguidance”, Delhi High Court has directed the complainant to work and provide assistance to the best of her ability at an institution for visually-impaired people in Rohini five days a week for two months.

“I deem it fit that the FIR … and subsequent proceedings emanating therefrom is quashed, subject to the [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 three hours, five days a week for a period of two months,” said the court.

The court also directed the accused to plant 50 trees in consultation with the investigating officer (IO) and look after them for five years. Each tree shall have a nursery life of three years, it said.

“The learned SC [standing counsel], for the state shall be informed with regard to each and every step in this regard. The six-monthly status report along with photograph shall be filed. The above planting of trees shall be completed within a period of six weeks,” said the court.

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Justice Jasmeet Singh said that the complainant has been very unfair in her entire conduct and the criminal justice system has been put in motion on account of her whims and fancies, “…which need to be deprecated”.

The case was registered at an Outer North police station in April. According to the complaint, the accused offered a cold drink to the woman after which she fell unconscious and thereafter he raped her. The complainant and accused in May filed a compromise deed before the court stating that the accused never established physical relations with her against her will and that the FIR was registered as “they were having a money dispute”.

Justice Singh said that the FIR and the compromise deed are totally opposite and the conduct of the complainant is a total abuse and misuse of the process of law. The woman told the court that she had been “undergoing mental depression” and as a result, the FIR was registered.

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First published on: 02-08-2022 at 11:48:11 am

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