In Lt Gen Inderjit Singh (Retd) v. State of NCT of Delhi & Anr, the Delhi HC quashed a rape and sexual assault case registered against a 70-year-old retired Army officer, holding that the allegations were “inherently absurd” and that continuing with the proceedings would amount to an abuse of process of law and result in a miscarriage of justice.

The matter arose from an order of the Magistrate dated 26.08.2020 directing registration of an FIR against Lt Gen Inderjit Singh (Retd.) on a complaint by his neighbour (Respondent No.2) u/s 156(3) CrPC. The complainant alleged that on the night of 28.04.2020, while she was in the park adjacent to Singh’s house, he “quietly sneaked into the park and started shouting…trapped her in an enclosure…pounced on her, pressed her breast, threw her on the ground, tore her clothes, inserted his fingers in her private part and tried to commit rape” before her mother intervened.

The Magistrate found that the complaint disclosed serious cognizable offences and criticised the police for not lodging an FIR promptly. Aggrieved by this, petitioner approached the HC u/s 482 CrPC seeking quashing of the FIR and the Magistrate’s order.

The petitioner argued that the allegations were false and inherently improbable, emphasising his age (about 72), his long and distinguished military service, and prior disputes with the complainant over the park. He highlighted that the complainant had a history of making similar allegations against her aged father, disabled brother, and neighbours. Statements of 15 witnesses and video footage showed no assault or injury, and the Magistrate had failed to consider the detailed police enquiry which exonerated the petitioner.

The complainant, however, asserted that the Magistrate had rightly ordered registration of the FIR and contended that the High Court should not assess the evidence at the pre-trial stage. She described herself as a “helpless young woman” and stated that the truth could be revealed only through a proper investigation.

Justice Amit Mahajan held that although an alternative remedy of revision existed, the High Court could exercise its inherent powers u/s 482 CrPC to prevent “abuse of the process of law.” Citing the Bhajan Lal guidelines, Court reiterated that proceedings may be quashed when the allegations are “so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.”

Court also noted that the enquiry revealed that the complainant’s allegations had been improved from her initial complaint, 15 witnesses including 3 eyewitnesses did not support the charges of sexual assault, no external injuries were found in the initial MLC, videos showed her clothes intact and no injuries and that some audio clips were found to be edited.

Accordingly, the Court quashed the Magistrate’s order and the FIR registered pursuant to it. It held “Considering the inconceivable and ridiculous nature of allegations coupled with the absence of independent corroboration…continuation of proceedings will be an abuse of process of law…subjecting the petitioner to suffer the tribulations of trial…would be tantamount to miscarriage of justice.”