VIRENDER CHAHAL Vs. STATE

JUDGEMENT

(1.) At the threshold of adjudication in the present case lies an important question for consideration: Should this Court invoke its inherent powers to quash an FIR alleging commission of offence of rape, on the ground of matter having been compromised between the accused and the victim? What increases this dilemma is the revelation that the very suggestion to explore such a compromise emanated not from the disputing parties, but from the learned Trial Judge itself.

(2.) The petitioner has approached this Court, by way of present petition filed under Sec. 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C), seeking quashing of FIR bearing no. 389/2020, registered against the petitioner at Police Station Vasant Kunj North, Delhi, for the offence punishable under Sec. 376 of the Indian Penal Code, 1860 ('IPC') and all consequential proceedings emanating therefrom, on the ground that the matter has been settled and compromised between the parties.

(3.) On, 15/10/2020, a complaint was received by the police against the accused i.e. petitioner, regarding commission of rape and blackmailing the victim i.e. respondent no. 2 by extending threats of making her photographs viral on social media. The victim had mentioned in her complaint that her husband used to remain out of station most of the time, and in the month of April, she had befriended the accused/petitioner on Facebook, who had impersonated himself as a traffic policeman, who was a bachelor and deployed on duty in Tughlaqabad, Delhi. The victim had sent a message to him and thereafter, she had also disclosed her address to him. As alleged, the accused had visited her at 6:00 AM on 23/8/2020 when her husband had gone out, and he had also brought some snacks and cold drinks. The accused had asked the victim to bring a glass and had poured the cold drink into that glass and had offered the same to her. It is alleged that the victim had become unconscious immediately after drinking the cold drink and when she had regained consciousness, she had found herself in bed, without any clothes, and the accused was also sitting on the bed. The accused had then shown her some nude photographs and had told her that from now onwards, she will have to follow the commands of the accused, or else, he would upload her inappropriate photographs on social media. It is further alleged that the accused had also told her that he will send a boy in the evening and she should come along with him. At about 7:30 PM on the same day, a boy had come outside her house in a white colour Santro Car, and he had taken her in the said vehicle to a hotel. The accused had met the victim there and had taken her to a hotel located in front of Gurgaon Bus Stand and had committed rape upon her at 12:30 AM including unnatural sex with her forcibly, and had thereafter dropped her at her house on the next day morning. He had also allegedly extended threats to her that if she disclosed the details of these incidents to anyone, he would post her photographs on social media and also show the same to her parents and her husband. The accused had also told her that whenever he would call, she would have to come, or else, he would kill her husband. On 2/9/2020, the accused had visited the victim's house and had again established physical relations forcibly against her wish by extending the same threats to her. She had not disclosed anything to anyone or to the police as she was scared. The accused had also taken her to a hotel in Tughalqabad, Delhi many times and had committed rape upon her, and had also administered medicines to her on several occasions. Allegedly, the accused had also threatened her that since he was in Police, she could do no harm to him even by lodging a complaint, and rather, he would be able to defame her in the society. The accused had also shown photographs of several girls in his mobile phone to the victim, who were in naked condition and had told her that he had indulged in wrongful acts with all of them but no one was able to make any complaint against him due to his contacts and approach. Thereafter, the accused had kept on committing rape upon the victim by blackmailing her on several occasions. On 1/10/2020, the accused had come to the house of victim when she was alone, and had established physical relations against her wish and had told her that he had been transferred to Bihar and that she should accompany him to Bihar. When she had refused to do so, he had told her neighbours that she was his wife and she was married to him and he had also shown photographs of hers with him and had told her that if she did not accompany him to Bihar, he would kill her husband. On 4/10/2019 at about 6:00 AM in the morning, she had received a phone call that she should come to Bihar as early as possible or else, he would get his husband killed. In these circumstances, the victim had then made a complaint to the police. When she had told the accused that she would lodge a complaint with the police, he had sent Rs.27,000.00 through PhonePe to her at about 3:30 PM on 5/10/2020, which she had given back to him at the same time. The victim alleged that the accused had committed rape upon her, prepared her inappropriate photographs and had extended threats to her and her family members and therefore, legal action should be taken against him.