The Madhya Pradesh High Court at Gwalior quashed an FIR registered against two accused, which alleged offences of gang rape, caste-based abuse, and criminal intimidation.
The FIR was lodged on the basis of a complaint by a woman who claimed she was repeatedly assaulted and blackmailed between 2021 and 2022. She alleged that applicants were threatening her with compromising photographs and videos.
The applicants had sought to invoke the High Court’s inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), arguing that the allegations were false, chronologically impossible, and motivated by malice. The applicant contended that he was implicated only after his newspaper published reports on the complainant and her husband’s alleged involvement in child abuse cases.
The State opposed the petitions, arguing that the FIR disclosed a prima facie case and that the delay in lodging the complaint was explained by threats and fear faced by the complainant while her husband was in jail.
Justice Milind Ramesh Phadke examined the records and observed that the allegations indicate clear contradictions and embellishments, which cast doubt on their credibility.
The Court relied on State of Haryana v. Bhajan Lal, AIR 1992 SC 604, and concluded that the present case fell within the categories where exercise of inherent powers is justified to prevent abuse of process of law.
Consequently, the Court allowed the applications and quashed the FIR.
Appearance
Applicants- Shri Rohit Bansal, Advocate & Shri Siddharth Sijoria
State- Shri Samar Ghuraiya, Public Prosecutor
Complainant- Shri Vibhor Kumar Sahu, Advocate
