The division bench of the Supreme Court comprising Justices BR Gavai and JB Pardiwala said that the protection should be given to the Rape accused against false allegation.
In the said matter, the accused approaches the Apex Court seeking to quash an FIR on the ground that such proceedings are manifestly frivolous or vexatious, ad its the duty of the Court to look into the FIR with care and a little more closely.
Duriing the heariing, the bench mentioned that, once the complainant in a rape case chooses to pursue action against the accused with a intention of seeking personal revenge, they would take care of the FIR/complaint with all essential legal details.
"The complainant would ensure that the averments made in the FIR/complaint are such that they disclose the necessary ingredients to constitute the alleged offence," the bench said.
"It cannot be lost sight of that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication, particularly where a large number of accused are involved," the bench said.
While set-asiding the orders of the Allahabad High Court, quashing a rape case against an accused registered at Police Station in Saharanpur District of Uttar Pradesh
"The Court while exercising its jurisdiction under Section 482 of the CrPC or Article 226 of the Constitution need not restrict itself only to the stage of a case but is empowered to take into account the overall circumstances leading to the initiation/registration of the case as well as the materials collected in the course of investigation," the bench said.
"The appellant has been shown as a history sheeter. If the FIR does not disclose anything against the appellant and even at the end of the investigation, if nothing incriminating has surfaced against the appellant herein, then the continuation of the criminal proceedings against the appellant herein would be nothing but gross abuse of the process of law," the bench said.
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