"They Have Married And Are Living Happily": Allahabad HC Quashes A Rape Case From Hathras Recording Settlement [Read Order]

The Allahabad High Court recently quashed a rape case recording 'settlement' between the rape accused and the victim.

Before the High Court, the 'victim' submitted that they have married and are living happily as husband and wife. It was also submitted that first information report was lodged by father of the girl. Chief Judicial Magistrate, Hathras had rejected their plea to close the case on the ground that he does not have jurisdiction to pass order in such compromise in non-compoundable offences

The Court noted the Apex Court judgment in Gian Singh Vs. State of Punjab  (2012) 10 SCC 303, in which it was held held that the compromise can be made between the parties even in respect of certain cognizable and non compoundable offences.

"The court is of the considered opinion that no useful purpose shall be served by prolonging the proceedings of the above mentioned criminal case as the parties have already settled their dispute.", Justice Manju Rani Chauhan observed while quashing the criminal proceedings against the accused.

Quashing Rape Cases

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. However, the Supreme Court, in 2019, quashed a 'rape case' on the ground of settlement between the accused and the victim for doing complete justice to the parties concerned. Some High Courts have exercised its inherent powers to quash rape cases especially in cases where the victim and the accused entered into wedlock. The Delhi High Court, last year, 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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