“A Subsequent FIR Is Not Always A Counter Blast”: Uttarakhand HC Observes Regarding Plea to Quash Rape Case.

A BJP MLA sought to quash a rape FIR filed incriminating him. He claimed that it was a “counter blast” to a FIR that his wife had filed against the informant. However, the High Court of Uttarakhand has held that one may not always term a subsequent FIR as a “counter blast”. “The wife of the MLA, Rita Negi has approached the Uttarakhand High Court for quashing of the FIR filed by her, under the Sections 376 and 506 of the IPC registered in Dehradun.

 Justice N.S. Dhanik recorded that the FIR stated that the petitioner’s husband exploited the informant sexually on various occasions. These sexual assaults led to her conceiving and delivering a child from the petitioner’s husband. The Single Judge also noted that on attempting to claim rights for her child, the petitioner tried to offer money in exchange for silence and tried to pressurise the informant. The informant was threatened by the petitioner. All details regarding the same were included in the FIR. The petitioner’s counsel submitted before the court that the instant FIR was filed as a counter blast in response to the FIR filed earlier by the petitioner against the informant. While the Court held that a subsequent FIR cannot always be considered to be a counter blast, they also believed that the averments in the FIR could not be ignored and that deeper deliberation is required regarding the matter at hand. The Single bench issued a notice on the plea to the alleged victim, that is the informant in this case.

 The bench, awaiting the State Government’s response, prohibiting the use of any coercive steps against the petitioner until November 9, which is the next date of listing. The petitioner was ordered to cooperate with the investigation. On Wednesday, a notice was issued by the same bench to Mahesh Negi and his wife, that contained a writ petition by the complainant-victim requesting an investigation by the CBI into the matter in question.

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