Supreme Court says rape cases can be quashed if both sides settle and the complainant wants to move on. In a rare judgment, the Court gave relief by quashing two FIRs.
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NEW DELHI: The Supreme Court of India said that even serious criminal cases like rape can be closed (quashed) in special and rare situations if both sides have settled the matter peacefully and the victim (complainant) does not want to continue the case.
This decision was given by a bench of Justices Vikram Nath and Sanjay Kumar.
They said that rape is a very serious and grave crime under Section 376 of the Indian Penal Code (IPC) and usually, such cases should not be closed just because of settlement between the two sides.
“At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 CrPC to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case,”
-the Court said.
This decision came after appeals were made against a judgment given by the Bombay High Court (Aurangabad Bench) on March 7. The High Court had refused to cancel two FIRs. One of the FIRs included a rape case under Section 376 IPC.
In the first FIR dated 20 November 2023, the police registered charges related to unlawful assembly and physical assault. The second FIR, filed the next day, included very serious charges like rape, criminal intimidation, and sexual harassment against another person, who was the father of one of the accused from the first FIR.
Later, the woman who had filed the second FIR gave an affidavit to the High Court. In that affidavit, she said she didn’t want to continue with the case, she had no objection to the bail being given, and also that she received Rs 5,00,000 for marriage-related expenses as part of their peaceful settlement.
However, the High Court said that rape is a serious and non-compoundable offence (which means it cannot usually be cancelled just by mutual agreement), and therefore refused to cancel the case only based on settlement or money paid.
When the matter reached the Supreme Court, both the accused and the complainant told the Court that they had settled everything and wanted to move forward in life. The woman told the Court that she is now married, staying with her husband, and continuing the case would disturb her personal life.
The Supreme Court, after hearing all the arguments, said that the High Court should not take a very strict approach under Section 482 of the CrPC (Criminal Procedure Code), which gives courts power to cancel criminal cases for justice.
The Court also looked at the timing of the two FIRs and observed that the second FIR looked like a counter or reactionary move.
The Court clearly noted that the woman has been saying consistently, including in her official affidavit, that she does not support the prosecution and wants the matter to be finished.
“Continuation of the trial would not serve any meaningful purpose. It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome,”
-the Court held.
So, the Supreme Court allowed the appeal and cancelled both FIRs officially.
- Senior Advocate Siddharth Luthra represented the accused (appellants).
- Advocate Sonia Bhasin represented the State of Maharashtra.
CASE TITLE:
Madhukar v. State of Maharashtra
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