Kochi, July 26 The Kerala High Court held on Friday that while cases of rape and POCSO offences cannot be quashed or compromised, if an accused marries the victim and the couple lives peacefully, it can be deemed a humanitarian ground to allow quashing of the case.
The significant ruling came in a case where a person sexually assaulted a 17-year-old girl who later became pregnant.
The mother of the victim, who was the second accused in the matter, approached the court seeking quashing of the case on the ground that the victim and the first accused are now married and living peacefully.
The court said, “Settlement of cases involving the offence of rape or under the POCSO Act is not permissible by law. In the instant case, the first accused after maintaining a relationship with the minor victim subjected her to sexual molestation following which she became pregnant.
"But later the first accused married the victim. They are now living peacefully with two children. In such cases, the tough nut standing in the way of settlement shall be crushed with humanitarian consideration as the hammer to ensure the peaceful family life of the parties, and most importantly, the well-being of the children born to them.
"Hence, there is no necessity to continue criminal proceedings so as to retain them in the hazards of litigation and to collapse their married life and the well-being of the children. So in deviation from the general principle, this is a fit case where quashment is liable to be allowed,” the court ruled.
During the trial, the concerned parties produced their marriage certificate and affidavit supporting a settlement to quash the proceedings against the accused.
The court also said that settlement or compromise cannot be permitted in cases like rape, or attempt to rape.
“These are crimes against the body of a woman which is her temple. These are offences which suffocate the breath of life and sully the reputation (of the victim). And reputation, needless to emphasise, is the richest jewel one can conceive of in life.
"No one would allow it to be extinguished. When a human frame is defiled, the 'purest treasure' is lost. The dignity of a woman is a part of her non-perishable and immortal self, and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most,” the court observed.
The court also said that quashing cases in abominable offences would send a wrong signal to the society.
But in this case, the court said the parties had married and were living peacefully with two children, so going forward with the case would only affect their peaceful family life.
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