Bombay HC refuses to quash rape case on grounds of settlement

The court observed that the offences were very serious and heinous in nature, and hence the case cannot be quashed on the basis of settlement or on merits.

The Bombay high court (HC) on Tuesday refused to quash an offence of rape registered against a city resident, who is also accused of forcing the survivor to abort the foetus, on the grounds of amicable settlement between him and the woman.

Bombay high court. (HT FILE)

“The allegations in the first information report (FIR) not only disclose the offence punishable under section 376 (rape) of the Indian Penal Code, but also under section 313 (causing miscarriage),” said the bench of justice SS Shinde and justice Manish Pitale. “The offences are very serious and heinous in nature. Therefore, the FIR cannot be quashed on the basis of amicable settlement or on merits,” the bench added and dismissed the petition filed by the accused.

The accused had moved HC seeking to quash the FIR registered against him at Borivli police station on the grounds that the survivor and he had reached an amicable settlement. The survivor had appeared before the bench and said she voluntarily agreed to the settlement and urged the court to quash the criminal proceeding.

However, additional public prosecutor Aruna Pai opposed the petition saying that serious allegations are levelled against the accused and the outcome of the impugned FIR has great impact upon the society. In view of this, Pai urged the court to not entertain the prayer for quashing the FIR.

The court accepted her contention and dismissed the petition.