Excelsior Correspondent
Srinagar, Feb 18: High Court has held that mere settlement between the parties in heinous offences like murder and rape does not call for quashing FIR and outcome of criminal proceedings thereon.
Justice V C Koul said the FIR and criminal proceedings which are the outcome of the FIR cannot be quashed on the ground of settlement between the parties. The court said that serious crimes such as murder, rape, dacoity, and offences of moral turpitude under special statutes cannot be quashed merely because the accused and the victim have reached to a compromise.
“…For serious offences, like murder, rape, dacoity, etc., or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, settlement between offender and victim can have no legal sanction at all”, Justice Koul added.
The court passed these findings while dealing with a case seeking the quashing of an FIR registered under 366 (kidnapping and abducting with an intent to sexual intercourse) of Indian Penal Code.
The accused contended that his brother married to the victim out of her own free will and the police were harassing them unnecessarily as a compromise had been reached between the petitioners-accused and respondent-victim, warranting the quashing of proceedings.
However, the prosecution counsel argued that the FIR was lodged based on a complaint, which led to an investigation revealing that respondent-victim had been kidnapped by accused with the help of his brothers and during the probe, her (victim’s) statement was recorded, in which she alleged that she was gang-raped at an unknown location. Consequently, additional charges under Sections 376-D, 384, and 506 IPC were incorporated, in the chargesheet.
Observing that the claims of settlement should be brought to the notice of the investigating officer as the same cannot be determined by the High Court under its inherent powers, the court said that it could not hold a mini-trial to determine the veracity of the claims presented by the petitioners.
“For serious offences involving moral turpitude, mental depravity, or crimes committed by public servants in their official capacity, a compromise cannot be a valid legal basis for quashing criminal proceedings. The offences such as rape are not just offence against an individual but against society at large and the judiciary must take a victim-sensitive approach to prevent any judgment that might undermine the rights and dignity of survivors and remarked”, the court said.
“Even if the compromise entered into between parties makes the chance of conviction remote and bleak, the same cannot be turned into a ground to terminate the investigation and quash FIR and all the proceedings emanating there from by invoking the power under Section 482 Cr.P.C”, Court recorded.
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