'Peculiar Circumstances': Supreme Court Quashes 'Rape Case' As Couple Reached Mediated Settlement
The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.The accused later approached the Delhi High Court seeking quashing of the criminal proceedings on...
The Supreme Court quashed a rape case after taking into account the mediated settlement arrived between the accused and the prosecutrix.
In this case, the girl had filed a complaint against the accused, alleging that he had sexual relationship with her by misrepresenting to her that he is divorced.
The accused later approached the Delhi High Court seeking quashing of the criminal proceedings on the basis of Compromise Deed. He also contended the that prosecutrix was not divorced from her second husband and so, there can be no legal marriage, much less the promise of marriage. But the High court refused to quash the case noticing that prosecutrix had levelled allegations of rape and of giving threat to her life in her complaint. The High Court also, to dismiss the petition, relied on the Supreme Court judgment in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Vs. State of Gujarat (2017) 9 SCC 641, in which it was held that offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute.
This order was assailed before the Apex Court by the accused. After taking note of the fact that the couple were living together for a considerable while and that that a child was born in the meanwhile, the Court referred to them for mediation.
When the matter came up before the bench of Justices KM Joseph and S. Ravindra Bhat last week, it was reported that they have arrived at a mediated settlement limited to the maintenance and upkeep of the child.
"Having regard to these facts and the submissions made on behalf of the complainant – who does not dispute that this may not be an appropriate case for pursuing the prosecution further, this Court is of the considered view that the criminal proceedings must be quashed. In the peculiar circumstances of the present case, the impugned judgment of the High Court is set aside; the FIR and all consequent proceedings be quashed.", the bench observed in the order.
The Court clarified that this order will not come in the way or in any manner prejudice the contentions of the parties in any other pending proceedings.
Click here to Read/Download Order [Name of the petitioner redacted]