Himachal Pradesh High Court: Anoop Chitkara, J. dismissed the petition being devoid of merits.
The factual matrix of the case is such that the victim aged 20 years alleged that when she was walking on the road, then the accused approached her and offered her lift in his car. After some time, he offered her water and then in the car made drinks. When she was taking drinks, then the accused told her that he has made her video taking drinks and he is going to post it on facebook. After that, he took her somewhere in the darkness, threatened her and committed rape upon her. The FIR was registered by the accused. The instant petition under Section 482 Criminal Procedure Code i.e. CrPC was filed on the ground that she has entered into compromise with the accused and now they have decided to marry.
The Court finding the petition strange appointed a Legal Aid Counsel Ms Narvada for the petitioner-victim. The Legal Aid Counsel apprised the court about the interaction with the victim after which the court observed that the victim of a sexual offence cannot have any locus standi to approach a Court for quashing of FIR registered for the sexual assault which she had faced. The Court refrains and restrains from observing any further. There is a lot to read between the lines.
The Court held “there is no merit in the present petition and the same is dismissed accordingly with no liberty whatsoever.”
[S v. State of Himachal Pradesh, 2021 SCC OnLine HP 7053, decided on 24-08-2021]
Arunima Bose, Editorial Assistant has reported this brief.
Appearances
For petitioners: Mr N K Thakur and Mr Divyaraj Singh
For respondents: Mr Nand Lal Thakur, Mr Manoj Bagga, Mr Ram Lal Thakur and Mr Sunny Dhatwalia
