In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Reached Settlement: Karnataka High Court
The Karnataka High Court recently held that in a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society. The petitioners relied on the judgement passed by the High court in the case of Vijaya Kumar vs. State, 2020 KCCR 2419, wherein it was held that though the offences are punishable under Section 376 of IPC and the provisions of POCSO Act, since the parties have settled the dispute and accused and victim are living together, the petition filed under Section 482 of Cr.P.C., needs to be allowed and the proceedings has to be quashed. Findings: The court on going through the judgement relied on by the petitioners for quashing the proceedings noted, "This Court while passing an order in the order referred to supra has taken note of the principles laid down in the case of Gian Singh vs. State of Punjab and another reported in 10 SCC 303 and came to the conclusion that since the victim and the accused have married and they are having good family and the parties have compromised the matter, proceedings have to be quashed. The court also noted that, "The Hon'ble Apex Court in Gian Singh's case supra has held that the power of the High Court in quashing a criminal proceeding or FIR or a complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal Court for compounding the offences under Section 320 of Crpc.
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