Justice Swarana Kanta Sharma stated that the FIR involved issues of self-respect and life-threatening situations for the prosecutrix and her child, who claimed to have evidence of the threats and other accusations.
NEW DELHI: On Monday (1st July): The Delhi High Court asserted that allegations of sexual violence cannot be dismissed based on monetary settlements, emphasizing that such actions would imply that justice can be bought.
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Justice Swarana Kanta Sharma stated that the FIR involved issues of self-respect and life-threatening situations for the prosecutrix and her child, who claimed to have evidence of the threats and other accusations.
Advocate Shashak Jain represented the accused, while Additional Public Prosecutor Naresh Kumar Chahar, with Advocates Jasir Aftab and Md Hedayatullah, represented the State.
“…this Court believes that criminal cases involving allegations of sexual violence cannot be dismissed based on monetary settlements, as this would suggest that justice is purchasable,”
the Court stated.
The Court refused to quash an FIR registered under Section 376 (rape) of the IPC, where it was alleged that the accused sexually assaulted the woman four times after meeting her on social media. The accused had falsely represented himself as divorced and engaged in sexual violence under the pretense of marriage.
The Court reviewed the case and stated that an FIR in a serious case like this cannot be quashed.
“This Court believes that justice in a criminal trial, especially in a case like this, acts as both a serious example and a deterrent to the accused, as well as a lesson to the entire community. Neither the accused nor the complainant should be allowed to manipulate the criminal justice system or misuse State and judicial resources for their own purposes. Therefore, even if the parties have reached a settlement, they cannot insist on the quashing of an FIR as a matter of right.”
Despite the accused and the victim reaching a settlement of Rs 1.5 lakh from an initially agreed Rs 12 lakh, the Court held that serious criminal cases like this cannot be quashed based on such compromises. Justice Sharma highlighted that justice in criminal trials serves as a deterrent and lesson for the community and must not be manipulated by either party.
The trial court must decide the case based on its merits, ensuring natural justice for both parties and considering the broader impact on the community and criminal justice system.
Case Title: Rakesh Yadav & Ors v. State of NCT of Delhi & Anr
