Supreme Court of India | Judgment Date: 25th February 2025
Bench: Justice Sudhanshu Dhulia & Justice K. Vinod Chandran
Criminal Appeal No. [arising from SLP (Crl.) No. 14850 of 2024]
Case Overview
This case revolves around a plea for quashing an FIR filed against Rakesh Walia, a retired Army officer and author, who was accused under Sections 376, 377, 328, and 506 of the IPC, 1860. The FIR was lodged at Mehrauli Police Station, South Delhi, based on allegations made by a woman (Respondent No. 2).
The complainant, a 39-year-old woman, claimed she had met the appellant online through Facebook while searching for work. She alleged that the appellant had offered her a modeling opportunity and persuaded her to meet him. On December 29, 2021, she met him at Chhatarpur Metro Station, where she was invited into his car. According to her complaint, she was given a spiked cold drink, which caused her to lose consciousness, and was later sexually assaulted in an isolated location.
Key Judicial Findings
- The case primarily relied on the complainant’s statements made in the FIR and recorded under Section 164 CrPC (now Section 183 BNSS, 2023), without any additional supporting evidence.
- The complainant had filed at least eight similar complaints against different individuals across various police stations in Delhi, raising concerns about the pattern of repetitive allegations.
- Despite multiple notices, the complainant did not appear before the court or cooperate with the investigation, casting doubt on the legitimacy of her claims.
- The appellant contended that his only interaction with the complainant was professional, as she had offered assistance in promoting his books.
Court’s Decision
After reviewing the pattern of repeated allegations, lack of additional evidence, and non-cooperation by the complainant, the Supreme Court determined that the case was an abuse of the judicial process. The Court ruled that such complaints, when filed repeatedly without substantiated proof, amounted to misuse of criminal law.
Consequently, the Court exercised its inherent powers under Section 482 CrPC (now Section 528 BNSS, 2023) and quashed FIR No. 766/2021, bringing an end to the criminal proceedings against the appellant.
Final Verdict
The appeal was allowed, and all pending applications in the case were disposed of. The judgment reinforced the principle that courts must intervene in cases where criminal law is misused to harass individuals without credible evidence.
