Agreements Between Defacto Complainant & Accused Opposed To Public Policy: Kerala HC Refuses To Quash Rape Case

The Kerala High Court refused to quash a rape case observing that the agreements entered between the defacto complainant and accused are opposed to public policy, and cannot be enforced.

In that context, the Bench of Justice A Badharudeen observed that, "Having gone through Annexures A4 and A5 agreements placed to support the settlement in between the defacto complainant and the accused, the same are intended for stifling the prosecution in a serious offence of rape. Therefore, the same are illegal and cannot be considered as the sole basis to quash the proceedings." 

The complainant had been living separately from her husband for 23 years. Prior to the alleged incident, she had reported to the Panchayat Secretary that the accused was interfering with her work and forcing her to work with him. On a Sunday, when she was called to the office for urgent work, the accused took her to his cabin and subjected her to non-consensual sexual intercourse. Afterward, when she sought medical attention for the pain, the accused proposed marriage. Despite this, he continued to sexually assault her on the promise of marriage.

The prosecution contended that such an agreement could not nullify the allegations, asserting that the evidence supported charges under Sections 376(2)(b) and 376(2)(n) of the Indian Penal Code.

The High Court referred to Section 23 of the Indian Contracts Act and observed that, "it is well settled law that any agreement or contract would be void for the reason that if its consideration is opposed to public policy. In the same manner, contract or agreement for withdrawing from prosecution is nothing but stifling the prosecution involving public offence and the same also is opposed to public policy."

The Court determined that the allegations in the complaint could not be considered as arising from consent at a preliminary stage. It noted that the issue required a full trial where the prosecution could present evidence. Consequently, the case was dismissed.

Cause Title: Abdul Jaleel vs State of Kerala & Anr.

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