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Delhi High Court refuses to quash rape FIR, says compromise lets accused get away with crime

In an attempt to deter such frivolous litigations, the Bench stated that if the cases filed by the parties against each other are found to be false and frivolous, then action should be taken against the prosecutrix and others who were instrumental in levelling allegations of rape only to settle some personal scores.

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“Quashing FIR for offences like rape on the basis of compromise will encourage accused to put pressure on the victims to agree to a compromise and this will open doors for the accused to get away with a heinous crime,” noted the Delhi High Court, while refusing to quash a FIR involving an offence of rape.  

The Bench, headed by Justice Subramonium Prasad, was hearing a petition seeking quashing of the FIR for the offence of rape, on the ground that the parties have entered into a compromise. 

Relying on Apex Court decisions directing High Courts that they should not exercise jurisdiction under Section 482 CrPC to quash an offence of rape on the ground that the parties have entered into a compromise, the Bench dismissed the petition.The counsel for petitioners informed the Bench that the FIR in the present case, was a counterblast to the complaint for the offence of rape registered by the petitioners against the respondents.  

The Bench opined that both parties have resorted to file complaints of rape against each other, without having any sensitivity to the offence of rape. “False allegations of rape have the potential to destroy the life and career of the accused. The accused in a false case of rape loses his honour, cannot face his family and is stigmatized for life. Allegations regarding offences such as one under Section 376 IPC cannot be made at the drop of a hat in order to settle personal scores,” the Bench stated.

The Bench further noted that there has been an alarming increase in false cases of rape and similar offences, so as to make the accused succumb to the demands of the complainant.

Also Read: Supreme Court defers hearing on plea seeking CBI probe into murder of five-year-old girl in Odisha village

In an attempt to deter such frivolous litigations, the Bench stated that if the cases filed by the parties against each other are found to be false and frivolous, then action should be taken against the prosecutrix and others who were instrumental in levelling allegations of rape only to settle some personal scores. 

“Unless wrongdoers are not made to face the consequences of their actions, it would be difficult to prevent such frivolous litigations. The Courts have to ensure that there is no incentive or motive for frivolous litigations which unnecessarily consumes the Court’s otherwise scare time,” observed the Bench, while emphasizing on the need to impose exemplary cost on litigants who institute frivolous suits.

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