Title: SURESH GARODIA v STATE OF ASSAM
Citation: CRIMINAL APPEAL NO. _185_ OF 2024
(Arising out of SLP(Crl.) No. 9142 of 2022)
Dated on: 9.1.2024
Corum: HON’BLE JUSTICE B.R. GAVAI, J.
Facts of the case
In this present case the appellant Mr. Suresh Garodia approached the Supreme Court challenging the order of Magistrate and the HC of Assam which took cognizance of criminal case filed by complainant Sabina Ahamed. It was the allegation of the complainant that the appellant had sexually assaulted and raped her in the year 1982 while she was a minor but later fathered a child with her.
The investigation officer (I.O) in the present case submitted a final report stating that the complainant filed the case after 34 years with mala fide intention and out of greed just for the appellants property. The I.O. opined that the case was of a civil nature and recommended that the appellant be discharged.
It was also observed that the material on record shows that the relationship was consensual, inasmuch as the son who is born out of the said relationship has been treated by the appellant as his son and all the facilities, including cash money, have been provided to him.
Legal provision
This present case involves:
Section 482 of the Criminal Procedure Code, 1973: This section gives the High Court the inherent power to quash criminal proceedings to prevent abuse of process of law or to secure the ends of justice.
Section 376 of the Indian Penal Code, 1860: This section defines the offence of rape and prescribes the punishment for it.
Section 506 of the Indian Penal Code, 1860: This section defines the offence of criminal intimidation and prescribes the punishment for it.
The document is related to these laws because the appellant sought quashing of the criminal proceedings against him under Section 482 Cr.P.C. on the ground that the FIR lodged by the prosecutrix under Sections 376/506 IPC was false, malicious and delayed. The Supreme Court allowed the appeal and quashed the proceedings after finding that the case was an abuse of process of law and that the allegations were absurd and improbable.
Court analysis and judgement
In this matter the Hon’ble supreme court observed that finding of the I.O. that the case was filed only for the greed for the property of the appellant herein cannot be said to be erroneous. We find that the continuation of the proceedings would lead to nothing else but an abuse of process of law and therefore set aside the order passed in the High court and the magistrate and allowed the present appeal.
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Written by- Namitha Ramesh
