Delhi HC orders vigilance inquiry for delaying FIR, trying to settle rape case

New Delhi: The Delhi High Court has directed a vigilance inquiry to be conducted by the Deputy Commissioner of Police, to ascertain as to why an FIR alleging rape and sexual assault was not registered and why the matter was allowed to be laid to rest on the basis of a compromise, despite the written complaint disclosing commission of a cognizable offence.

Justice Subramonium Prasad noted that non-registration of an FIR in the event that the commission of a cognizable offence is disclosed goes against the law laid down by the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh and Ors.

"Furthermore, it has been time and again held by the Supreme Court that cases involving the offence of rape cannot be settled on the basis of a compromise," the court said.

The development came while the court was hearing a plea filed by a man seeking anticipatory bail in an FIR registered under sec. 376 and 328 of IPC. While the vigilance inquiry was ordered in a different FIR registered at Kapasehra police station, the petition related to another FIR registered at Moti Nagar Police Station, however, both FIRs were registered by the same prosecutrix.

It was the case of the prosecutrix that the Petitioner, whom she befriended through social media, brought alcohol to her house and emotionally blackmailed her into drinking it as a result of which she felt giddy. It was stated that the Petitioner then took advantage of the prosecutrix's vulnerable condition and forcibly had sexual intercourse with her.