07 March 2024 FIR >> Criminal Law   |   Rape >> Criminal Law  

The judgment pertains to a Petition filed to quash a First Information Report (FIR) lodged for rape. The crux of the matter revolves around the legal question of whether a settlement agreement can serve as a basis for quashing a rape FIR. The Court ultimately determines that the settlement agreement presented in this case is invalid and consequently, the FIR cannot be quashed.

The Court acknowledges that the possibility of compromise exists in certain rape cases; however, this is only permissible under exceptional circumstances. In this specific instance, the compromise was initiated by the trial court judge, thereby raising concerns regarding the legitimacy of the settlement. Furthermore, the substantial sum of money proffered to the victim casts doubt on the claim of consensual sexual activity. On the basis of these factors, the Court maintains that quashing the FIR would constitute a miscarriage of justice.

Code of Criminal Procedure, 1973