Rape Case Cannot Be Quashed Merely Because Survivor Has Forgiven The Accused: Meghalaya HC
The Meghalaya High Court dismissed an application seeking quashing of rape case while observing that there is nothing in law that can result in quashing of rape case based on forgiveness.
The Court was hearing an application under Section 482 Cr.PC seeking quashing of FIR registered for an offence punishable under Section 376D/34 and the proceeding initiated on the basis of the said FIR.
The bench of Justice B. Bhattacharjee observed, “Whether the text of the said letter can be interpreted as the presence of consent or not requires to be decided by the Trial Court on the basis of the evidence adduced during the course of the trial. Even if it is assumed at this juncture that the survivor has forgiven the petitioners, there is nothing in law which can result in quashing of the proceeding on the basis of such forgiveness.”
Advocate N. Syngkon appeared for the Appellant and AAG N.D. Chullai appeared for the Respondent.
Brief Facts-
In the present case, an FIR was lodged by the survivor alleging the commission of an offence under Section 376D read with Section 34 IPC against the petitioners. Upon completion of the investigation, a charge- sheet was filed in the matter. Consequently, the petitioners are put to face trial under Section 376D/34 IPC which is pending. The trial is at an early stage and the evidence of the prosecution is yet to be concluded in the matter.
The Court noted that the letter based on which the petitioners have sought quashing of the proceeding indicates that the survivor conveyed her forgiveness to the petitioners and desired not to proceed any further in the matter.
The Court said that whether the text of the said letter can be interpreted as the presence of consent or not requires to be decided by the trial Court on the basis of the evidence adduced during the course of the trial.
The Court mentioned the decision of Apex Court reported in (2012) 10 SCC 303, Gian Singh Vs. State of Punjab and Anr. which was relied on by the AAG and observed, “can be interpreted to say that serious offences including rape cannot be settled or withdrawn on the basis of forgiveness granted by the survivor or on the basis of any understanding arrived at between the parties.”
Accordingly, the Court found no merit in the Criminal petition and dismissed it.
