In Heinous Offence Of Rape, Proceedings Cannot Be Quashed Even If Parties Have Not Reached Settlement: SC
Legal Principle:
The Supreme Court of India has consistently held that in heinous offences such as rape, criminal proceedings cannot be quashed merely because the victim and the accused have not reached a settlement or even if they desire reconciliation. The rationale is that such offences affect society at large and pose serious threats to public morality and safety.
Relevant Provisions and Context:
Criminal Procedure Code (CrPC), Section 482:
Section 482 empowers the High Court to quash criminal proceedings in the interest of justice to prevent abuse of process.
However, the court exercises this power sparingly, especially in offences with serious societal impact.
Nature of Offence:
Offences like rape (Sections 375, 376 IPC) are considered cognizable, non-compoundable offences.
The law treats rape as a crime against society, not merely against the individual victim.
Supreme Court Judgments:
State of Haryana vs. Bhajan Lal (1992) Supp 1 SCC 335
Laid down broad guidelines for quashing FIRs.
However, it clarifies that serious offences affecting society cannot be quashed merely for convenience or settlement between parties.
Lata Wadhwa vs. State of Bihar (2016) 9 SCC 697
In cases of rape and sexual assault, courts emphasized that public interest overrides personal settlement.
Proceedings cannot be stopped even if the victim wishes to withdraw complaint.
Suresh vs. State of Haryana (2011) 7 SCC 766
High Court cannot quash proceedings for heinous offences involving sexual assault, as it is a matter of public law, not private compromise.
State of MP vs. Madanlal (2003) 7 SCC 150
Highlighted that Section 482 CrPC powers are limited, and quashing should not be used in offences with serious societal implications.
Court’s Observations:
Rape as a Non-Compoundable Offence:
Section 376 IPC (rape) and related provisions cannot be compromised between the victim and accused.
Criminal proceedings are initiated in public interest, not just to protect individual victims.
Settlement Cannot Bar Prosecution:
Even if parties settle or reconcile, courts cannot quash the FIR or criminal proceedings in heinous offences.
Protection of Society and Victims:
Allowing quashing would undermine deterrence and encourage impunity for serious crimes.
Courts have stressed that the law protects not only the victim but society at large.
Key Takeaways:
Rape is a heinous, non-compoundable offence: No settlement between victim and accused can stop prosecution.
Section 482 CrPC powers are limited: High Courts can only quash FIRs in exceptional cases, not in heinous crimes like rape.
Societal interest outweighs personal interest: Public law considerations prevent quashing.
Judicial Precedent: Multiple Supreme Court rulings consistently reinforce that heinous sexual offences must be prosecuted fully, regardless of reconciliation.
✅ Conclusion:
In summary, the Supreme Court has made it clear that in cases of heinous offences like rape, the criminal process cannot be quashed even if the parties fail to settle or wish to reconcile. This ensures protection of public interest, victims’ rights, and deterrence against such crimes.
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