Srinagar- Underlining that rape is not an offence against the person alone but it is against society, the High Court of J&K and Ladakh has dismissed petition to quash FIR in connection with gang rape of a woman despite the victim marrying one of the accused persons.
Dismissing a petition, a bench of Vinod Chatterji Koul held that the court’s inherent power cannot be used to quash FIR based on compromise if it is in respect of heinous offences which are not private in nature and have a serious impact on the society.
According to the government, on 19th July 2021, police station Uri upon receipt of a written complaint lodged an FIR no.70/2021 and set into motion investigation. During the course of investigation, statements of witnesses under Section 161 Cr.P.C. was recorded, by which it came to know that a woman was kidnapped by the petitioner— Syed Imtiyaz Hussain with the help of his brothers. The Prosecutrix was recovered from the possession of the accused person at NS Bridge Uriand in her statement under Section 164 Cr.P.C. she deposed that she was jointly raped by accused persons at unknown place, so offences punishable under Section 376D (gang rape), 384 (extortion), 506 (criminal intimidation) were incorporated in the case. The government said that the petitioners were involved in a heinous offence against a woman.
As per the petitioner, Syed Imtiyaz Hussain married a woman who is an adult and entered into the marriage of her own free will and consent on July 28, 2021.
“Worthwhile to mention here that settlement or compromise must satisfy the conscience of the Court. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not same as compounding of offence,” the court said, adding, “For serious offences, like murder, rape, dacoity, etc., or other offences of mental depravity under Indian Penal Code or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, settlement between offender and victim can have no legal sanction at all.”
Each case will depend on its own facts and no hard-and-fast category can be prescribed, the court said.
The bench said that the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and the wrongdoer and whether to secure the ends of justice, it is appropriate that the criminal case is put to an end.
“The rape is not an offence against the person alone, but it is against society – in legal terms the victim gets a right in rem – which will entail the State to take necessary measures to fend the victim and ameliorate them,” the court said, adding, “The Courts have to take a victim-sensitive approach and not pronounce verdicts that could infringe upon the victim’s rights while being under the influence of various cultural or gender biases which could seriously jeopardise the credibility of the judiciary.”
In a country like India where religious practices are centered around deities who are women, the court said, it must recognise the strength of this gender and take all measures to show unwavering respect to uphold their mental as well as bodily integrity, rather than treating them as mere chattels of men.
“In view of the nature of offences alleged in the present case, the power under Section 482 Cr.P.C. cannot be used to quash the proceedings based on compromise if it is in respect of heinous offence which are not private in nature and have a serious impact on the society,” the court said, adding, “In cases of this nature, the fact that in view of compromise entered into between parties, the chance of conviction is remote and bleak also cannot be a ground to terminate the investigation and quash FIR and all the proceedings emanating therefrom by invoking the power under Section 482 Cr.P.C. In such circumstances, an impugned FIR does not call for any interference.” Consequently, the court dismissed the plea.
Follow this link to join our WhatsApp group: Join Now
Be Part of Quality Journalism |
Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast. |
| ACT NOW |
| MONTHLY | Rs 100 |  |
| YEARLY | Rs 1000 | |
| LIFETIME | Rs 10000 | |
