Gauhati HC Disallows 'Compromise' Quashing Of Case Against Man Accused Of Raping Sister, Takes Note Of ‘Serious Impact On Society'

Rejecting a compromise settlement between the victim and the accused, the Gauhati High Court recently refused to quash criminal proceedings of a rape case wherein a man has been accused of raping his sister. The Court said that the allegation has a serious impact on society. Terming the offence as "heinous", the bench of Justice Mitali Thakuria, in categorical terms, opined that it is not a fit case to quash the criminal proceeding as well as the FIR and the charge sheet against the accused, even if both parties entered into a settlement agreementThe Court also took into account the possible existence of compulsion on the parents of the victim to compromise the matter as both the petitioners are siblings. The Court said that the father, being the parents of both the petitioners, may be insisting the victim to compromise the matter for the sake of the reputation of the family.The case in brief On January 28, 2022, the victim (petitioner No. 1) lodged an FIR under Section 376 IPC alleging rape on her by petitioner No. 2/Accused, however, during the course of the investigation, both the petitioners verbally requested the Officer-In-Charge of the Police Station, not to pursue the matter and requested the withdrawal of the case. However, the Officer-In-Charge did not consider the prayer of the petitioners and after examination of the witnesses, he filed a Charge-Sheet against the accused in February this year. Therefore, the victim and the accused moved the instant joint petition under Section 482 CrPC praying for quashing and setting aside the charge sheet and criminal proceeding stating that they belong to the same family and they are both brother and sister from the same parent and presently both the petitioners are having cordial relationship and residing peacefully.It is further stated that after the aforesaid alleged incident, both the petitioners mutually reconciled and compromised the matter with the help of their parents and accordingly one deed of mutual agreement was also executed in March this year which was duly executed before the Executive Magistrate and now the victim doesn't wish to pursue the case against the accused, her brother. Though the counsel for the petitioners submitted that it was appropriate to quash the case, the Public Prosecution on the other hand submitted that this is not at all a fit case to exercise power under Section 482 CrPC to quash and set aside the criminal proceeding as well as the charge-sheet of the instant case.Court's observationsAfter hearing the submissions made by the counsels for both sides and having perused the case record, the Court noted that though the petition has been filed jointly by the victim and the accused to quash the case as they have compromised the matter, however, the nature of the offence, as alleged against the accused, was very heinous and serious in nature. The Court also noted that there could be a possibility that the matter was compromised for the sake of the reputation of the family. Therefore, considering the statement made by the victim under Section 164 CrPC as well as the confessional statement made by the accused before the Magistrate, the Court found that it was not a fit case to quash the criminal proceeding as well as the FIR and the charge-sheet. "The allegation that the brother committed rape on his own sister also have a serious impact on society and hence, I do not find it proper to quash criminal proceeding along with the FIR No. 04/2022 and the Charge-Sheet No. 34/2022, under Section 376 IPC filed against the petitioner No. 2 only on the basis of compromise agreement between the parties invoking the power under Section 482 CrPC," the Court said as it dismissed the plea.Case title - X vs. YCase citation: 2022 LiveLaw (Gau) 82Click Here To Read/Download Order

Gauhati HC Disallows 'Compromise' Quashing Of Case Against Man Accused Of Raping Sister, Takes Note Of ‘Serious Impact On Society'

Sparsh Upadhyay

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