2013 (1) TMI 1052 - SC - Indian Laws

Summary

Issues Involved:
1. Allegations of administering intoxicants and outraging modesty u/s 328 and 354 IPC.
2. Allegations of rape based on false promise of marriage u/s 376 IPC.
3. Validity of the FIR and chargesheet based on the complainant's statements.
4. High Court's jurisdiction to quash criminal proceedings u/s 482 CrPC.

Summary:

Issue 1: Allegations of Administering Intoxicants and Outraging Modesty u/s 328 and 354 IPC
The complainant alleged that on 15.2.2007, the appellant-accused offered her a cold drink containing an intoxicating substance and misbehaved with her by touching her breasts. However, the medical report from AIIMS on 16.2.2007 showed no evidence of poisoning. The appellant-accused was arrested based on the complainant's statement, but subsequent mobile phone call details verified by the investigating officer indicated that the appellant-accused was not present at the alleged place of occurrence.

Issue 2: Allegations of Rape Based on False Promise of Marriage u/s 376 IPC
In her supplementary statement on 21.2.2007, the complainant alleged that the appellant-accused had physical relations with her on the assurance of marriage. However, evidence revealed that the complainant was married to another man during the dates of the alleged incidents, making the assertion of inducement for marriage false. The medical examination conducted on 21.2.2007 could not verify the allegations due to the delay in reporting.

Issue 3: Validity of the FIR and Chargesheet Based on the Complainant's Statements
The chargesheet filed on 28.6.2007 mentioned that the investigation did not yield any positive results and was based solely on the complainant's statement. The High Court dismissed the appellant-accused's petition to quash the FIR, stating that a false FIR must be brought to its logical conclusion. The complainant also filed a petition to quash the FIR, which was dismissed by the High Court.

Issue 4: High Court's Jurisdiction to Quash Criminal Proceedings u/s 482 CrPC
The Supreme Court examined whether the High Court should have quashed the proceedings. It was established that the material relied upon by the appellant-accused was of sterling quality, ruling out the assertions in the charges. The complainant's allegations were found to be false based on irrefutable evidence, including her marital status and the absence of scientific proof of the alleged crimes.

Conclusion:
The Supreme Court concluded that the allegations against the appellant-accused would not lead to a conviction. The FIR, chargesheet, and framing of charges were quashed, and the criminal proceedings were dismissed. The judgment emphasized the importance of exercising caution and circumspection in quashing criminal proceedings u/s 482 CrPC to prevent abuse of process and secure the ends of justice.