Bombay High Court: Rape Cases Can’t Be Quashed Based on Compromise; Woman May Face Perjury Charges if She Withdraws Allegations
The Bombay High Court recently ruled that rape cases cannot be dismissed merely on the basis of a compromise between the complainant and the accused. A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh made it clear that serious offences like rape must be carefully examined and cannot be settled privately.
In this case, the woman complainant claimed that she and the accused were “close friends” and that the FIR was filed due to a misunderstanding. However, the court rejected this explanation.
According to the FIR, the married woman was walking back from her farmland on January 25, 2023, when a man in a black car approached her. While she was answering his question about directions, he allegedly threw something in her face, causing her to feel dizzy. He then allegedly dragged her into the car, assaulted her, and forced her to go to a nearby lodge where he sexually assaulted her. The lodge owner intervened after hearing her cries, and later forced them to leave. The woman was dropped on a road in Latur district, went to a hospital for treatment, and then called her husband who helped her file the FIR.
The court found that the statements from the lodge owner and the car owner supported the woman’s version of events. The judges stated that this was a serious crime and compromises in such matters could not be accepted lightly.
The bench emphasized that just because the woman now wants to forgive the accused, the court cannot use its powers under Section 482 of the Criminal Procedure Code to cancel the case. The real reason for the compromise was not explained, and the woman did not say that her FIR was false.
The court also noted that such compromises might lead to pressure or influence on victims, and this could damage public trust in the justice system. If the woman changes her statement during the trial, the lower court has the power to start perjury proceedings against her.
“These kinds of compromises are not in the interest of society. They may allow accused persons to misuse their influence or money to silence victims,” the court said.
As a result, the High Court rejected the application to cancel the case.
Case Title: Dnyaneshwar S/o Vishnu Surywanshi vs State of Maharashtra
Criminal Application No.: 864 of 2024
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