Rape Cases Cannot Be Quashed On The Basis Of Monetary Payments; Doing So Would Imply That Justice Is For Sale: Delhi HC

The Delhi High Court observed that criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments.

The Court's remarks came in response to a criminal complaint seeking the quashing of an FIR registered under Section 376 (Rape) of the Indian Penal Code. The case involved accusations that a woman was sexually assaulted multiple times by a man she had met on social media.

"...criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments, as doing so would imply that justice is for sale," the Single-Judge Bench of Justice Swarana Kanta Sharma remarked.

The accused had allegedly misrepresented himself as divorced and coerced the victim under false promises of marriage. Initially, the parties agreed to settle the matter for Rs. 12 lakh, later reduced to Rs. 1.5 lakh due to the financial constraints of the accused.

Despite this agreement, the Court declined to quash the FIR, emphasizing the gravity of the allegations and the broader implications for justice.

"This Court has considered the fact that the FIR itself reveals serious allegations against petitioner no. 1 and his family members, including consistent threats to the prosecutrix to prevent her from lodging a complaint. The Court also notes that the MOU entered into by the parties is not the result of a resolution of misunderstandings through family intervention but rather an exchange of money amounting to Rs. 12 lakhs, intended to secure the quashing of the FIR," the Court said.

The Court stressed that neither party should manipulate the criminal justice system or misuse state and judicial resources for personal gain. It further directed that the trial court must adjudicate the case on its merits, ensuring fairness to both the complainant and the accused, and considering the implications for the community and the integrity of the criminal justice system.

The Court opined that justice in a criminal trial, particularly in a case such as the present one, serves not only as a serious example and deterrent to the accused but also as a lesson to the community as a whole, and that neither the accused nor the complainant can be allowed to manipulate the criminal justice system or misuse State and judicial resources to serve their own ends.

"Therefore, even if the parties have reached a compromise, they cannot demand the quashing of an FIR as a matter of right. The learned Trial Court must decide the case on its merits, examining the facts in light of natural justice for both the complainant and the accused, as well as considering the broader implications for the community and the criminal justice system. Every judgment carries its own message, and this one emphasizes that the integrity of the judicial process must be upheld," the Court added.

Cause Title: Rakesh Yadav & Ors v. State of NCT of Delhi & Anr. [Neutral Citation: 2024: DHC: 4835]

Appearance:-

Petitioner: Advocate Shasak Jain

Respondent: Additional Public Prosecutor Naresh Kumar Chahar, Advocates Jasir Aftab, Md. Hedayatullah

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