The Rajasthan High Court quashed FIR No.127/2021 against the petitioner, observing that serious allegations not disclosed at the relevant time in an earlier FIR by the same complainant against the same accused could render the subsequent proceedings malicious and an abuse of law.
Rajasthan High Court Quashes Subsequent Rape FIR
The Rajasthan High Court has quashed a subsequent FIR alleging rape against the petitioner.
Justice Anoop Kumar Dhand held that a delayed disclosure of a serious offence may weaken the later allegations. The Court said this becomes more relevant when the same complainant had already filed an earlier FIR against the same accused.
The Court made the observation in Kamlesh Kumar v. State of Rajasthan & Anr., reported as 2026 LiveLaw (Raj) 165.
The Court quashed FIR No. 127/2021 after finding that the complainant lodged it more than two months after the alleged incident. It also noted an existing property dispute between the family members.
Court Finds Later FIR Fabricated And Malicious
The Court found that the later FIR appeared to contain fabricated and malicious allegations.
It noted that the police did not find the petitioner guilty in the earlier FIR. Therefore, the Court held that continuing the prosecution in the later FIR would amount to misuse of law.
The Court observed that the impugned FIR was “a bundle of lies full of fabricated and malicious allegations.”
It further said that allowing the prosecution to continue would be absurd in the changed circumstances.
Petitioner Refers To Earlier FIR And Property Dispute
The petitioner argued that the complainant had already lodged an earlier FIR after a later incident.
However, that earlier FIR did not contain any allegation of rape against him. It also did not refer to any connected offence.
The petitioner submitted that the police did not find his involvement in the earlier case. Thereafter, the complainant lodged the rape FIR after a delay of more than two months.
He also pointed to a property dispute between the parties. According to him, the complainant filed the later FIR with an ulterior motive.
Court Relies On Supreme Court Ruling
The High Court relied on the Supreme Court decision in Batlanki Keshav (Kesava) Kumar Anurag v. State of Telangana and another.
In that case, the Supreme Court dealt with a similar issue. It held that failure to mention allegations in an earlier FIR can prove fatal to a later complaint.
The Supreme Court also held that a delayed disclosure in a later FIR may amount to exaggeration. Therefore, courts may discard such allegations when the facts justify it.
Relying on this principle, the Rajasthan High Court found no reasonable explanation for the delay of more than two months.
Court Says Prosecution Would Be Absurd
The Court concluded that the complainant lodged the impugned FIR with mala fide intention.
It also found that the allegations appeared fabricated. As a result, the Court held that the prosecution could not continue on the basis of such an FIR.
Accordingly, the High Court allowed the petition and quashed the FIR against the petitioner.
