Inordinate delay : a sufficient ground to quash a FIR ?

The Himachal Pradesh high court quashed the FIR lodged against actor Jeetendra,
who was alleged to have sexually assaulted his cousin. The incident was alleged to
have taken place in 1971 and the FIR was filed after 47 years. This FIR was
quashed on the grounds of:

a. Inordinate delay to file FIR : Section 468 of the CRPC provides for a period of
limitation of 3 years. in the above case, under section 354 of the IPC, the
punishment was for a period of two years for which the limitation prescribed was 3
years.

b. Vagueness in the FIR : The FIR filed was vague since the particulars of the
persons accompanying, the movie, the hotel has not been stated leaving it to be
vague.

c. Oblique motive : The filing of the FIR after a long period of 47 years without
any strong reason depicts the oblique motives of the person filing the FIR.

 

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