Kerala HC Dismisses Plea To Quash Rape Case On The Basis Of Affidavit Filed By Victim In Support Of Settlement

The Court held that in cases of a serious nature affecting society at large, it should not exercise its jurisdiction under Section 482 Cr.P.C. to quash proceedings based on a compromise between the parties.

The Court was hearing a Criminal Miscellaneous Case filed by the accused who is charged with offences under Sections 450 and 376 of the Indian Penal Code. The accused sought to quash the final report and subsequent proceedings based on an affidavit filed by the de facto complainant supporting the settlement.

The bench of Justice A. Badharudeen observed, “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.”

Advocate Aswin K.R. appeared for the Appellant and Public Prosecutor M.P. Prasanth appeared for the Respondent.

Brief Facts-

It is the case of the prosecution that the accused committed offences punishable under Sections 450 read with 376 of the Indian Penal Code. It is alleged that the accused criminally trespassed into the residence of the defacto complainant tied her hands, and put a cloth over her mouth. It was alleged that despite her resistance, he subjected her to rape and took nude photos of her. An affidavit was filed by the De facto complainant in support of the settlement.

The Court observed, “although the 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.”

The Court said that going by the allegations serious offences under Section 450 read with 367(l) of IPC are well made out therefore, merely acting on the affidavit filed by the defacto complainant proceedings cannot be quashed.

Accordingly, the Court dismissed the Criminal Miscellaneous Case.

Cause Title: Pradeesh Kumar v. State of Kerala (Neutral Citation: 2024:KER:58340)

Appearance:

Appellant: Adv. Aswin K.R. and Adv. A.R. Adheeth Lal

Respondent: PP M.P. Prasanth and Adv. Arun Kumar M.A.

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