Criminal Proceedings For Offence Of Rape Can Be Closed On Account Of Settlement Between Parties: Karnataka High Court
The Karnataka High Court recently held that closure of proceedings on account of settlement arrived at between the parties even for offence of Rape, punishable under Section 376 of the IPC, is permissible. Observing thus, it quashed the proceedings pending against four persons on the complaint made by a woman belonging to the same family.
A single judge bench of Justice M Nagaprasanna allowed the petition filed by Sathish K. and others and said,
"The proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending before the learned Chief Judicial Magistrate, Bangalore Rural District, Bangalore stand quashed. Consequently all further proceedings taken pursuant to registration of impugned crime also stand quashed."
The petitioners had approached the Court calling in question the FIR registered against them under Sections 376, 384, 504, 506 read with Section 34 of the IPC. Based on the complaint made by Respondent 2, an FIR came to be registered on February 17, 2022 for the said offences.
During the pendency of the case, the parties to the lis – petitioner No.1, the complainant and all other accused entered into a settlement and produced such settlement by way of an affidavit before the Court. A joint memo and an application under Section 483 read with Section 320 of the CrPC was also filed before the Court seeking to compound the offences alleged.
The counsel for the petitioners placed reliance upon several judgments rendered by the Apex Court, as well as High Courts, in order to buttress his submission that when a settlement is arrived at even in case of offence punishable under Section 376 of the IPC, the proceedings can be terminated.
Accordingly, the High Court said, "In the light of the judgments rendered by the Apex Court, this Court and that of Delhi High Court what requires to be noticed is, the closure of proceedings on account of settlement arrived at between the parties even for offence punishable under Section 376 of the IPC, being permissible."
Referring to the affidavit filed by the victim the bench said, "In view of the judgments rendered by the Apex Court and that of this court and the peculiar facts of this case, the complainant is said to have married and is leading her life with another man within the family itself and the accused being members of the same family, I deem it appropriate to accept the application seeking compounding of offences aforesaid and terminate the proceedings against the petitioners."
Case Title: SATHISH K and others v State of Karnataka
Case No: CRIMINAL PETITION No.4172 OF 2022
Citation: 2022 LiveLaw (Kar) 178
Date of Order: 23RD DAY OF MAY, 2022
Appearance: Advocate MOHAN KUMAR D for petitioner
Advocate K.S.ABHIJITH, FOR R1;
Advocate RAGHAVENDRA GOWDA K, FOR R2