Nothing But Abuse Of Process: Supreme Court While Quashing Rape Case Against Retired Army Officer By Woman Who Filed Similar Cases Against Eight Others

The Supreme Court has quashed FIR No. 766 of 2021, registered at Mehrauli Police Station, South Delhi, against a retired Army officer accused of rape and other offenses, calling the case an “abuse of the process of law.”

The appellant, an author of five books, had moved the Apex Court after the Delhi High Court refused to quash the proceedings under Section 482 of the Criminal Procedure Code, 1973 (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023). The case involved allegations by a 39-year-old woman who claimed she was drugged and sexually assaulted by the appellant after meeting him in connection with a modeling assignment.

However, the Supreme Court noted that the complainant had filed similar allegations against at least eight other individuals across multiple police stations in Delhi. 

The Bench emphasized that in such circumstances, the High Court should have exercised its inherent powers to prevent misuse of the legal process. Stating that there was no reason for the appellant to face prolonged legal proceedings based on "a clear abuse of process," the Court quashed the FIR and allowed the appeal.

"Considering the nature of the case and the cumulative circumstances, we are of the opinion that the criminal case initiated against the appellant is nothing but an abuse of the process of law. This is precisely the nature of case where the High Court ought to have exercised its inherent powers under Section 482 Cr.P.C. (as per new act, under Section 528 B.N.S.S.) and should have quashed the proceedings. Under these circumstances, we see no reason why the appellant should be subjected to a process that is clearly an abuse of the process. Accordingly, the criminal proceedings initiated against the appellant, i.e., FIR No.766 of 2021 of Mehrauli Police Station, South (Delhi) is hereby quashed," the Bench ordered. 

The petitioner had argued that seven FIRs were filed by the complainant against multiple individuals over eight years, all allegedly as part of a "sextortion racket" aimed at extorting money. The complainant purportedly filed similar complaints against nine individuals in cases across seven police stations since 2014. The petitioner, who claimed no criminal record, maintained that he has fallen victim to these repeated false allegations and that the complainant has demonstrated a pattern of forum shopping for law enforcement support.

The petition detailed that Captain Walia, a decorated 63-year-old Army veteran with significant health issues, had become acquainted with the complainant during the COVID-19 lockdown. The complainant had approached him, presenting herself as a social media influencer offering promotional services for his book "Broken Crayons Can Still Colour." Walia claimed to have engaged her services in June 2021 for book promotion.

Pertinently, on January 20, the Supreme Court had stayed Trial Court proceedings against retired Army officer Captain Rakesh Walia pending before the Additional Sessions Judge (FTC) at Saket Court, New Delhi.