Excelsior Correspondent
JAMMU, Sept 26: High Court has quashed FIR registered at Channi Himmat Police Station against one Balkar Singh for allegedly committing rape on the pretext of providing prosecutrix a plot of land at cheaper rate.
While quashing the FIR, Justice Tashi Rabstan observed, “judicial process cannot be allowed to be converted into an instrument of oppression or harassment and if the same is sought to be abused by a person with some oblique motive, the court has to thwart the attempt at the very threshold for advancement of justice”.
“Nowhere in the complaint date and time of the incident has been mentioned. Moreover, it is discernible from reading of complaint that the prosecutrix has freely consented for sexual intercourse and there was no force or coercion by petitioner on the date of incidents”, High Court further observed, adding “even if the contents of complaint are taken as a whole, ingredients of sections with which the petitioner is charged with are not satisfied”.
“On this count only, FIR deserves to be quashed to prevent the abuse of process of law. It is also to be noted that prosecutrix in her statement under Section 164-A CrPC, which was re-recorded on the directions of this court, has belied the allegations levelled in complaint by stating that allegations were made under the influence of her fiancé Shabir Ahmed who wanted to extract money from the petitioner by blackmailing him”, High Court said.
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