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SC Quashes Rape Case To Do 'Complete Justice' To Accused And Victim Who Settled It [Read Order]

LIVELAW NEWS NETWORK
30 Nov 2019 6:12 AM GMT
SC Quashes Rape Case To Do Complete Justice To Accused And Victim Who Settled It [Read Order]
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"In our opinion, the relief claimed by the appellant to quash the criminal proceedings pending against him deserves to be acceded to for doing complete justice to the parties concerned. "

The Supreme Court recently quashed a 'rape case' on the ground of settlement between the accused and the victim for doing complete justice to the parties concerned. The Kerala High Court had refused to quash the case against Saju PR observing that it was not inclined to quash the proceedings for offence punishable under section 376 IPC, on consent. In appeal filed before the Apex Court, it...

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The Supreme Court recently quashed a 'rape case' on the ground of settlement between the accused and the victim for doing complete justice to the parties concerned.

The Kerala High Court had refused to quash the case against Saju PR observing that it was not inclined to quash the proceedings for offence punishable under section 376 IPC, on consent.

In appeal filed before the Apex Court, it took note of the 'peculiar facts of the case', the affidavit filed by the complainant and other materials on record and said: In our opinion, the relief claimed by the appellant to quash the criminal proceedings pending against him deserves to be acceded to for doing complete justice to the parties concerned. 

Allowing the appeal, the bench set aside the High Court order.

Quashing Rape Cases 

Though in State of Madhya Pradesh v Madan Lal, it was held by the Apex Court that in a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of, some High Courts have exercised its inherent powers to quash rape cases especially in cases where the victim and the accused entered into wedlock.

For example, in Freddy @ Antony Francis & Ors. v. State of Kerala, where the accused had married the de-facto complainant and they have decided to settle all the disputes and for the predominant purpose of the welfare of the de-facto complainant/ victim, to ensure her better future life, the Kerala High Court, held that, in exercise of the extra ordinary inherent powers under Sec.482 of the Cr.P.C. it could quash the criminal proceedings on the ground of settlement between the parties in cases where the accused has married the de-facto complainant and the de-facto complainant is insisting for quashment of the impugned criminal proceedings, etc.

The Gauhati High Court had also quashed criminal proceedings against a 'rape accused' who later married the 'victim' observing that chances of conviction in the case is bleak in view of the compromise between the parties and marriage.The Madras High Court order, which it later recalled (in view of the apex court judgment), suggesting mediation in a rape case, had created huge outrage across the country. 

The Delhi High Court recently rejected an application seeking quashing of a rape case, filed under section 376 of IPC, on the ground of a settlement being reached between the victim and the accused.


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