RAVI KAPOOR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this petition filed under Sec. 482 of the Code of Criminal Procedure, 1973, the petitioner has, inter alia, prayed for quashing of FIR No. 1/2018, registered under Sec. 354 IPC against the petitioner at Women Police Station, Shimla as well as other proceedings emanating therefrom.

(2.) Before proceeding further, I will at this stage refer to the contents of the FIR. The allegations contained in the said FIR are that the petitioner/accused was the son of the 'X's' father's sister. He was a professional Actor. 'X' saw the accused in family gatherings once or twice a year since she was a young child. They rarely interacted with each other directly and never without other relatives/parents. In January, 1971, when 'X' was about 18 years old, accused arranged with her father to have her join on the set of his movie. Accused had never spoken to her about the shooting of the film nor she had been invited personally to attend the same. These arrangements were made by the accused without 'X' being aware of the same. Accused arrived at her house in a Car with a driver and two male film industry colleagues. She joined the accused in the Car and they drove from New Delhi to Shimla. At Shimla, the group went directly to a hotel. There the accused took 'X' to a room, which had two separate beds. Being tired from the journey, she went to sleep in one of the beds, which was pushed against the Walll. Later, while she was sleeping, accused returned to the room. He joined the two beds together and therein he assaulted her with the intent to outrage her modesty, as narrated in the FIR. As per 'X', the accused had consumed alcohol. Thereafter, accused left her alone and both of them went to sleep silently in the room that night. Further, as per 'X', next morning the accused asked his driver to buy some clothes for her and take her to New Delhi.

(3.) Quashing of the FIR has been sought, inter alia, on the grounds that as per the FIR, the alleged incident dates back to the month of January, 1971 and as there is an inordinate delay in filing the FIR and further as no explanation is there for such an inordinate delay in registration of the impugned FIR, the same deserves to be quashed and set aside, because inordinate delay in registration of FIR raises grave doubt about the truthfulness of allegations, as it loses the advantage of spontaneity and danger creeps in of the introduction of coloured version, exaggerated account or concocted story as a result of deliberations and consultations.