Compromise Can’t Quash Sex Offenses, But There Can Be Exceptions: Kerala HC

Thiruvananthapuram: Crimes that tarnish women’s dignity and honour such as rape, POCSO Act offences cannot be quashed on compromise or settlement, stated the Kerala High Court has held that.

However, if the accused and the victim have married and are living together peacefully, this may be a humanitarian reason to allow the case to be dismissed, said the High Court.

A single Bench of Justice A Badharudeen of the Kerala High Court observed that although settlements in rape cases are not permissible, deviation from the general principle to ensure the well-being of the family and children can be allowed.

The High Court made this statement in a case in which the accused had allegedly kidnapped the victim (17 years old) from her parents and subjected her to sexual intercourse, after detaining her under his illegal custody. As a result of the sexual assault, the minor victim became pregnant. The mother of the victim was also roped in the case as she had allegedly failed to inform the matter to the police.

The petitioners submitted that the matter had been settled between the parties and therefore should be quashed. The victim filed an affidavit supporting their settlement, stating that the accused married her and they had been living happily as husband and wife. A copy of the marriage certificate was also produced.

The petitioners argued that first the accused and the victim got married and were now living happily. It was also said that they now have two children.