Last Updated on November 18, 2023 by News Desk
Problem: Releasing the Rape Case After It Was Settled
Situational Facts: An agreement between the accused and the complainant lady resulted in the dismissal of a rape case by the Madhya Pradesh High Court. For dishonored checks that the complainant had issued, the accused agreed not to pursue Rs 10 lakh. When the prosecutrix was 26 years old, nine years after the alleged incident, it was finally reported. In the FIR, the defendants were charged under Sections 5/6 of the POCSO Act and Sections 376(2)(f), 328, 384, and 109 of the IPC. Since the victim was the first petitioner’s niece, the court acknowledged the parties’ family link.
The parties’ arguments are as follows: The petitioners cited financial worries and a misunderstanding as the reasons for filing the FIR in accordance with Article 226 of the Constitution. The victim reported rape and blackmail from 2014 to 2015, and in September 2023, she submitted two checks totaling Rs 5 lakh each. This led to the filing of a formal complaint in November 2023. According to the petitioners, nothing happened and no chargesheet was produced. Suggested quashing, highlighting the deal.
The judgment’s reasoning: Following the Supreme Court’s decision in Kapil Gupta v. State of NCT of Delhi, Justice Subodh Abhyankar examined the promptness of the quashing petition as well as the potential for better communication between the parties. The fact that the prosecutrix and the accused were related was noted by the court. Due to the victim’s cooperation and the case’s early stage, the court decided to dismiss the petition while also acknowledging the settlement.
Judgment: The court upheld the Supreme Court’s directives to dismiss the FIR, taking into account the settlement. The choice was impacted by the victim’s permission, the accused and victim’s family relationship, and the lack of a chargesheet. Examining the case in its early stages, the court acknowledged the settlement’s ability to mend cases. The decision is consistent with the theory that criminal proceedings may be dropped if settlements might improve relationships between parties, particularly if no proof is presented and the application isn’t past the deadline.
Case Title: Sunil Dixit & Ors. v. State of Madhya Pradesh & Anr
Written By: Nikita Shankar @nikitaashankar
