376 IPC, rape allegations (FIR) cannot be quashed even after settlement between the parties. Compromise in 376 IPC has no meaning.

Soni Nihal Dinesh Bhai and another vs Sri. Sandeep Patel and another

Karnataka HC

08/02/2017

Criminal Petition No. 9463 of 2016

About/from the judgment:

376 IPC, rape allegations (FIR) cannot be quashed even after settlement between the parties. Compromise in 376 IPC has no meaning.

 

Rape undisputedly is one of the most depraved act. It is not only an offence against an individual, it is categorized as an offence against the society at large. In the instant case, petitioner No. 1 is accused of aommitting forcible rape against the petitioner No. 2 who was below 18 years of age as on the date of commission of the offence. The allegation made against the petitioner No. 1 squarely falls within clause Sixthly of section 376 of Indian Penal Code. Hence even though there is a settlement between the parties and the parties are stated to have been married and are living together, the criminal proceedings initiated for the alleged offence cannot be quashed.

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