Anurupa Pal
Published On: March 25, 2022 at 17:55 IST
The Kohima Bench of the Gauhati High Court has recently held that Criminal Proceedings in Heinous Offences like ‘Attempt to Rape of a Minor’ cannot be Quashed on the Sole Basis of a Compromise/Entered into by her Parent with the Accused.
The Single Judge Bench of Justice Arun Dev Chowdhury observed
“It is also settled that Offences which involve moral Turpitude and Grave Offences like Rape, Murder etc. even if compromised cannot be Quashed in exercise of High Court’s power under Section 482 Criminal Procedure Code inasmuch as such offences are against the State and cannot be Restricted to two individuals or groups”
Facts of the Case:
The Respondent herein lodged a First Information Record before the Officer-in-Charge, Kohima (N) Police Station Alleging that while his Minor Daughter was on her way home the Petitioner dragged her to an Isolated Place and Attempted to Molest and Murder.
On the basis of the aforesaid, a Case was registered under Section 354A (2)/307 of Indian Penal Code read with Section 18 of the Protection of Children from Sexual Offences Act.
During the course of Investigation, The Petitioner was Arrested.
Subsequently, he was released on Bail after completion of the Investigation, the Investigating Officer filed the Charge-sheet.
When the matter was Pending before the Trial Court on 22.11.2016, the Families of the Informant and the Petitioner decided to Compromise the Matter so as to put an end to the Case.
On the basis of such compromise The Petitioner had approached the High Court for Quashing the entire Criminal Proceeding as well as the First Information Record dated 15.10.2016.
The only ground taken and urged in the present matter for Quashing the aforesaid Criminal Proceeding is the Compromise so Entered.
The Respondent no.2 had entered appearance and filed an Affidavit-in-Opposition, wherein he had admitted the compromise and the Deed of compromise dated 22.11.2016.
The Court concluded that when the Offences are Grave in Nature and Allegation is of an Attempt to Rape of a Minor such Allegation and Criminal proceeding cannot be Quashed on the Basis of a Compromise entered into between the Families of the Victim and Accused in as much when it is a Sexual Offence involving a Minor the Parents cannot give Consent on Behalf of the Minor to Compromise such Serious Offences.
