HC dismisses plea against FIR as rape accused did not turn up

The Delhi High Court today dismissed a man's plea seeking quashing of an FIR lodged against him for allegedly raping a girl after alluring her by expressing his love.
A vacation bench of Justice R K Gauba declined the request made by the Delhi resident, who contended that they have settled the issue and want the criminal proceedings pending before a trial court here to be quashed.
The man's plea was dismissed after he did not turn up, to which the judge said, "None appear for the accused/appellant, so it dismissed as default."
According to police, the case was lodged against the man on May 16 after the girl alleged that the accused, who was known to her since 2010, had raped her.

"In 2011 the accused had forced the complainant to be in relationship with him, and then he allured her by showing his love and started a physical relation with her.
"It was also alleged that in 2014, the complainant came to know that accused is married, upon this, the accused replied that he will leave his wife and continued his physical relation with the woman," the police said.

However, the man in his plea said that the complainant was aware from the beginning that he was married and has kids.
On May 15, the complainant and the accused had a fight on a petty issue upon which she had lodged a complaint against him under "compelling circumstances", the plea added.

The man's plea was opposed by Delhi Police standing counsel Rajesh Mahajan, saying the plea was pre-mature and it deserved to be dismissed.
However, the accused's plea stated that "the complainant is not interested to pursue the matter, therefore, no useful purpose will be served with the proceedings".
It also stated that the complainant has written letter to the Delhi Police Commissioner twice regarding false complaint due to compelling circumstances.