The Bombay High Court has ruled that rape cases cannot be quashed merely on the basis of a “compromise” between the complainant and the accused. The Court also observed that if a woman later withdraws or disowns her allegations, she could face perjury proceedings.
A division bench of Justices Vibha Kankanwadi and Sanjay Deshmukh was hearing a plea where the complainant claimed she lodged an FIR against the accused due to a “misunderstanding” and that they were “close friends.”
According to the FIR, the woman, a married mother of two, was returning from her agricultural field on January 25, 2023, when the accused approached her in a car. She alleged that he flung something on her face, causing dizziness, dragged her into the car, assaulted her, and forced her to accompany him to a lodge, where he sexually assaulted her. Witnesses, including the lodge owner and the car’s owner, supported her version in their statements.
The bench stated that rape is a heinous offence, and therefore any compromise must be scrutinised strictly. The judges clarified that simply because the complainant later expressed consent to quash the proceedings, the Court cannot exercise its powers under Section 482 CrPC to allow the accused to escape trial.
The judges further held that since the complainant never claimed the FIR contents were false, the case could not be dismissed. They also warned that the trial court has the power to initiate perjury proceedings if the complainant changes her statement during the trial.
The bench observed:
“Such compromises are not in the interest of society. It would then be easy for the accused to pressurise or influence complainants using money or other means.”
With these observations, the plea was dismissed.
Case Title: Dnyaneshwar S/o Vishnu Surywanshi vs State of Maharashtra (Criminal Application 864 of 2024)
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