Rape Is An Offence Against Dignity Of Women; Rape Cases Can't Be Quashed Citing Compromise: Madhya Pradesh HC
The Madhya Pradesh High Court rejected a petition to quash an FIR holding that the concept of compromise concerning the offences of rape cannot be accepted in “this holy land” where women are worshipped and honoured.
An FIR was lodged which stated that the accused had met the prosecutrix regarding a flat. In order to finalize the deal of the flat, the accused took the prosecutrix to a hotel room and forcibly made physical relations with her without consent. When she declined, the accused threatened to kill her son.
However, during the pendency of the case, the parties settled their dispute amicably. Since there was no dispute remaining between the parties, a petition under Section 482 of Cr.P.C was filed before the High Court.
A Single Bench of Justice Prem Narayan Singh observed, “In view of the aforesaid propositions of law, the concept of compromise with regard to the offences of rape, cannot be accepted, because on this holy land where the belief has been prevailing since ancient golden days that where women is worshiped or honoured, divinity blossoms there.”
Advocate Rounak Choukse represented the applicant, while Advocate Arjun Pathak appeared for the respondents.
The State controverted the contentions of the accused and argued that the offence under Section 376 of IPC was a non-compoundable offence and it cannot be permitted to be compromised by the Court using extraordinary powers.
The Court noted that the prosecutrix had filed a compromise for compounding the case against the accused which showed that she did not want to prosecute further. The prosecutrix had also filed no objection in the bail application of the accused.
However, the Court remarked, “No one should be allowed to ravish her and later on, only on the basis of compromise under specific circumstances, allowed to be acquitted, specially when the legislature itself in its wisdom declines to allow such type of compromise.”
The Court held that by simply entering into compromise, charges of rape cannot be said to have been mitigated or quashed as the offence is against the dignity of a woman as well as public interest.
Accordingly, the High Court rejected the petition.
Cause Title: Sanjay Singhania v. The State Of Madhya Pradesh Station House Officer & Anr.
