The court said that although in majority of cases, the court may quash the proceedings where matrimonial dispute was settled on the basis of compromise, the case registered under IPC Section 376 cannot be quashed. (Representational Image)
Observing that rape was “an offence against the society,” the Punjab and Haryana High Court has rejected a plea for quashing a rape case on the basis of compromise and said that the accused cannot be let off under the garb of a resolution of a matrimonial dispute.
The decision came in the case of a Jind woman who was raped by her brother-in-law in 2016. The victim and her sister were married to two brothers and in June 2016, the accused – who was her sister’s husband, raped her. The victim’s husband and his family threatened her to not disclose anything about the crime.
While both the sisters filed for divorce after the rape, a petition was filed in the High Court in December 2017 arguing that the rape case had been filed only due to matrimonial discord and they have now reached a “compromise”. Justice Lisa Gill, in March this year, had asked the parties to appear before the trial court and record their statements with regard to the settlement.
In accordance with the High Court order, the trial court had sent the report on the compromise in the rape case. However, Justice Harminder Singh Madaan, in the order released Monday, said although in majority of cases, the court may quash the proceedings where matrimonial dispute was settled on the basis of compromise, the case registered under IPC Section 376 cannot be quashed in such a manner in view of the serious allegations.
“Though as per various decisions of the Honourable Apex Court and by a Co-ordinate Benches of this Court, compounding of offences in matrimonial disputes is normally allowed… But when it comes to offence under Section 376 IPC, which is a very serious offence, rather it is an offence against the society, the culprit cannot be allowed to be let off in the garb of resolution of a matrimonial dispute in an amicable way,” the judgment reads.
The single bench said the chargesheet in the rape case had already been filed and the guilt of the accused will be determined during trial. “The petition, being without merit, stands dismissed accordingly,” the order reads.