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The court was hearing a case wherein the victim met the accused through Instagram and alleged that he committed sexual intercourse with her on multiple occasions on promise of marriage and she later discovered her pregnancy but later both parties agreed to enter into a compromise
The Kerala High Court has dismissed a petition to quash criminal proceedings in a Prevention of Children from Sexual Offences (POCSO) case, despite a compromise between the parties. The court emphasised that such offences have a serious societal impact and cannot be treated as private matters that can be settled through mutual agreements.
Justice A. Badharudeen, presiding over the court, highlighted that offences involving sexual assault, mental depravity, and other heinous acts affect the moral fabric of society and cannot be quashed solely based on a settlement between the victim and the accused. The court noted : “Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.”
The case originated from a complaint filed on August 10, 2023, by the de facto complainant, while she was receiving treatment at the Gynecology Department of Medical College Hospital, Kottayam. The complainant, who had visited the Government Hospital, Muvattupuzha earlier that day with complaints of stomach pain, was informed by a gynecologist that she was pregnant and referred to Medical College Hospital for further treatment. While en route, she delivered a child in the ambulance. The complainant later revealed that she had met the accused in 2022 via Instagram, where he promised to marry her. In November 2022, the accused allegedly took her to the terrace of her rented residence in the early hours of the morning and engaged in sexual intercourse on the promise of marriage. This conduct allegedly continued for four more occasions. The accused, aged 25, also maintained contact through WhatsApp video calls. Although the complainant initially provided different dates for the alleged assaults, she later amended her statement to reflect the correct dates.
The petitioner (accused) sought the quashing of proceedings under Section 482 of the Code of Criminal Procedure (CrPC), citing the compromise reached between the parties. It was also argued that since both parties had settled the matter, further prosecution would serve no purpose.
The court in rejecting the petition, reiterated the legal principle that certain crimes, including those under the POCSO Act, are not merely private disputes but have significant social ramifications. The court said “In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of…When a human frame is defiled, the "purest treasure", is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct.”
The court further noted that any compromise in such cases would send the wrong message to society and might encourage unscrupulous offenders to manipulate victims into settlements. The court emphasised the principle that “let no guilty man escape, if it can be avoided.”
“Since the law regarding settlement of cases involving offences under Section 376 of the IPC as well as under the PoCSo Act could not be considered merely on settlement, settlement is not a reason to allow quashment sought for,” the court stated.
Accordingly, the court dismissed the petition, holding that the prosecution must continue, given the seriousness of the offences alleged and the broader public interest involved.
Cause Title: Suhail v State of Kerala [CRL.MC NO. 6970 OF 2024]
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