HC refuses to accept compromise between accused and rape victim, says allegations are of heinous crime

The Punjab and Haryana high court has refused to accept a compromise between a woman and a person whom she had accused of rape

The Punjab and Haryana high court has refused to accept a compromise between a woman and a person whom she had accused of rape.

Police stated that the offence involved is heinous and on completion of investigation the challan already stands submitted before the trial court and further, the compromise alleged has no legal sanctity. (iStock)

The court of justice Rajesh Bhardwaj observed that the petitioner is alleged to have committed a “heinous offence” and had established physical relations with the woman forcefully by blackmailing her.

“The allegations levelled in the FIR make out cognisable offence and truth can be unravelled only after leading the evidences before the trial court,” the bench said, adding that in court’s opinion, interference by the HC on the basis of alleged compromise is not called for.

The FIR was registered in July 2019 on allegations of rape in Faridabad. The petitioner had approached the HC in July with a compromise deed between the woman and the accused effected the same month.

As per the case, allegations were that the woman, 28, is married and became familiar with the accused. Thereafter, in due course of time, taking benefit of the relations, he started forcing her and established physical relations repeatedly. On resistance, the woman was threatened that he would upload her photos on Facebook and kill her husband, she had alleged, adding that having no other alternative, at one point of time, she had disclosed the same to her husband, who got the FIR registered.

The accused had claimed that both the parties have amicably settled the dispute and have arrived at a compromise. And in view of this, carrying on with his prosecution would be an abuse of the process of the law and thus the same deserves to be quashed.

The police had opposed the plea stating that the offence involved is heinous and on completion of investigation the challan already stands submitted before the trial court and further the compromise alleged has no legal sanctity.

The court took note of SC observations that in case of heinous offences, the compromise arrived would be meaningless. It also took note of the fact that allegations against him were of forcefully establishing physical relations repeatedly by blackmailing her of posting her photos on Facebook and killing her husband.