"Offences Are Well Made Out, Prima Facie": Kerala HC Dismisses Plea To Quash Rape Case Against Christian Priest Despite Settlement With De Facto Complainant

The Kerala High Court has declined to quash the proceedings in a rape case against a priest, Father Babu Varghese, despite a settlement being reached between him and the de facto complainant.

The Single-Judge Bench of Justice A Badharudeen emphasized that the Court must consider the gravity and societal impact of the offense, even when exercising its powers under Section 482 of the Code of Criminal Procedure (CrPC) to quash proceedings in non-compoundable cases like rape.

The Court stated that in cases of a serious nature, which have broader implications for society, it is inappropriate to quash proceedings based solely on a compromise between the parties involved. 

"The law as it stands is that although High Court can invoke its jurisdiction u/s.482 Cr.P.C. even in non compoundable offence and can quash the proceedings on the basis of settlement arrived at between the parties even in the cases of non-compoundable offences but while exercising its jurisdiction this Court must consider the fact that whether the proceeding relates to any serious and heinous offences and whether the crime in question has impact over the society. In cases of serious nature which affects the society at large this Court should not exercise its jurisdiction under Section 482 Cr.P.C. for quashing the proceedings on the basis of compromise executed between the parties," the Court said.

In the present case, the prosecution alleged that Fr. Varghese had initially intervened in a marital dispute between the survivor and her husband, but instead of resolving the issue, he exacerbated it. The priest was accused of forcefully entering the survivor's home and raping her, leading to charges under Sections 450 (house-trespass to commit an offense punishable with life imprisonment) and 376 (rape) of the Indian Penal Code (IPC).

Fr. Varghese sought to have the proceedings quashed, arguing that the allegations were false and that a settlement had been reached with the survivor.

However, the Court ruled that such a serious case could not be dismissed merely on the grounds of a settlement and subsequently dismissed the petition.

"Going by the prosecution allegations the offence under Sections 450 read with 367(l) of IPC are well made out, prima facie. In such a case, merely acting on the affidavit filed by the defacto complainant, quashment of the proceedings could not be resorted to. In view of the matter, this petition fails and is accordingly dismissed. Therefore, the quashment, as prayed for, stands disallowed, with liberty to the petitioner to raise his contentions before the trial court during trial," the Court ordered. 

Cause Title: Fr. Babu Varghese v. State of Kerala & Anr.

Appearance:-

Petitioner: Advocates S Rajeev, V Vinay, MS Aneer, Sarath KP

Respondent: Senior Public Prosecutor Renjit George, Public Prosecutor Anand Kalyanakrishnan

Click here to read/download the Order