| HC quashes Baramulla rape FIR, says trial would be 'Futile' as complainant disowns case | | | Early Times Report
JAMMU, May 5: The High Court of Jammu & Kashmir and Ladakh has quashed FIR No. 96/2023 registered at Police Station Baramulla under Sections 376, 342 and 506 IPC against petitioner Shoiab Lone, holding that the case presented exceptional circumstances where continuation of criminal proceedings would serve no meaningful purpose.
Justice Mohd. Yousuf Wani, while allowing the petition filed under Section 482 CrPC, now corresponding to Section 528 BNSS, observed that the allegations in the complaint dated May 13, 2023 appeared doubtful in view of earlier complaints made by the complainant before Police Stations Rajbagh Srinagar and Kreari Baramulla, wherein she had allegedly described herself as the wife of the petitioner.
The petitioner had sought quashing of the FIR on the ground that the case was false, malicious and filed to blackmail him. He argued that the complainant had made contradictory statements in previous complaints and that the allegations were inherently improbable. The petitioner was represented by Advocate Asif Ahmad Bhat along with Advocate Bhat Azra, while Deputy Advocate General Hakim Aman Ali appeared for the official respondents.
The prosecution opposed the plea, submitting that the allegations were serious and prima facie established during investigation. It was also argued that the complainant's statement under Section 164 CrPC had been recorded before a Magistrate and her medical examination had been conducted at GMC Baramulla.
However, the Court noted that the complainant herself appeared before the High Court on September 30, 2025 and stated that the complaint lodged by her at Police Station Baramulla was not genuine and had been filed under threat and coercion. She further submitted that she had no objection if the FIR was quashed.
The Court also took note of the complainant's earlier attempt to get her statement re-recorded under Section 164 CrPC and her separate petition seeking such relief. The High Court observed that the complainant's conduct showed that she wanted to bring the matter to an end and that there appeared to be no real prospect of the case ending in conviction.
Referring to Supreme Court judgments including Parbatbhai Aahir v. State of Gujarat, Gian Singh v. State of Punjab, Narender Singh v. State of Punjab, and Kapil Gupta v. State (NCT of Delhi), the Court held that although heinous offences like rape are not normally quashed on the basis of settlement, the present case had peculiar facts requiring exercise of extraordinary inherent powers to secure the ends of justice.
The Court observed that continuing the criminal proceedings would be a futile exercise merely to complete the formality of trial, especially when the complainant was not supporting the prosecution case. It further held that non-interference in the matter could result in miscarriage of justice.
Accordingly, the High Court allowed the petition and quashed FIR No. 96/2023 dated May 13, 2023 registered at Police Station Baramulla.
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