Although Settlement In Rape Cases Are Not Permissible, Deviation From General Principle To Ensure Well Being Of Children Can Be Allowed: Kerala HC
The Kerala High Court has observed that although settlements in rape cases are not permissible, deviation from the general principle to ensure the well-being of children can be allowed.
The Court quashed criminal proceedings for offences under Sections 366, 342, 370, 370A, and 376(2)(n) of the IPC and Sections 5(l)(j)(ii), 6, 4 and 3(a) of the Protection of Children from Sexual Offences Act (POCSO Act) following a settlement between the victim and the accused as they were married with two children.
A Single Bench of Justice A. Badharudeen observed, “Thus, settlement of cases including offence of rape and POCSO Act offences is not permissible under law. However, in the instant case, though the 1st accused after maintaining relationship with the minor victim subjected her to sexual molestation and she became pregnant, as of now, the 1st accused married the victim and now, they have been living happily with two children…In view of the matter, in deviation from the general principle, this is a fit case, where quashment is liable to be allowed.”
Advocate P.L. Mary Treasa appeared for the petitioners, while P.P. MP Prasanth represented the respondents.
The case of the prosecution was that the accused had allegedly kidnapped the victim (17 years old) from the lawful custody of her guardians/parents and subjected her to sexual intercourse, after detaining her under his illegal custody. As a result of the sexual assault, the minor victim became pregnant. The mother of the victim was also roped in the case as she had allegedly failed to inform the matter to the Police.
The petitioners submitted that the matter had been settled between the parties and therefore should be quashed. The victim filed an affidavit supporting their settlement, stating that the accused married her and they had been living happily as husband and wife. A copy of the marriage certificate was also produced.
Adverting to the power to quash criminal proceedings under Section 482 of the Cr.P.C., the Court stated that in respect of serious offences like rape, a settlement between the offender and the victim cannot have a legal sanction.
“In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation,” the Court remarked.
The Court stated that any kind of liberal approach or thought of mediation in this regard was “thoroughly and completely sans legal permissibility.” The Bench stated that such “heinous and serious offences” were not private in nature but had a serious impact upon society,
The Court observed, “There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error.”
However, inspite of observing that grave or serious offences cannot be “construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large,” the Court allowed the petitioners’ prayer for quashment.
Accordingly, the High Court allowed the petition.
Cause Title: X & Anr. v. State of Kerala & Anr. (Neutral Citation: 2024:KER:55530)
