TNR News Network
Shimla: In a strong observation reinforcing the gravity of crimes against women, the Himachal Pradesh High Court has refused to quash an FIR registered for r*ape and s*exual abuse on the basis of an alleged compromise between the accused and the complainant, stating that accepting vague settlements in such offences would be “akin to rewarding the accused for alleged violation of law”.
Justice Virender Singh dismissed the petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita—formerly Section 482 of CrPC—seeking quashing of the FIR and subsequent proceedings. The petitioner had claimed that the complainant had amicably settled the dispute and no longer wished to pursue the case.
Court questions validity of ‘amicable’ settlement
The court held that the nature of allegations and the ambiguous terms of the purported compromise made it legally unacceptable. “If such indistinct agreements are permitted to nullify criminal prosecution, it would undermine the rule of law and amount to giving the accused an incentive for alleged misconduct,” the bench observed.
The FIR was lodged by the complainant on July 24, 2023, at Shahpur police station under IPC Sections 377, 354-C, 506, provisions of the Information Technology Act (Sections 67 and 67-A), along with clauses under the SC/ST (Prevention of Atrocities) Act; Section 3(1)(w)(1)(2).
Victim accuses accused of deception, blackmail
As per the state’s status report, the complainant alleged that the accused sexually exploited her under the pretext of marriage. He had allegedly concealed his identity, used a fake name and address and misrepresented himself as unmarried. The complaint states that he took photographs and videos of her, later using them to blackmail her into a sexual relationship for nearly two years, threatening to leak the visuals online.
The court noted that withdrawing such allegations on the simple ground of an out-of-court understanding raises serious doubts about the authenticity of the compromise offered.
Rape falls under heinous crimes; cannot be quashed through settlement
Citing Supreme Court verdicts from 2014 and 2019, the High Court reiterated that prosecution in heinous crimes such as rape, murder and dacoity cannot be annulled merely because parties claim to have settled the matter. The bench emphasised that the offence of rape falls within the gravest category and discretionary powers under Section 528 of BNSS must be exercised with utmost caution.
Unconvinced that the complainant’s abrupt change in stance sufficiently explained the earlier allegations, the court declined to interfere and dismissed the petition seeking quashing of the FIR.
