By Kawanpreet Kaur

The Kerala High Court held that though settlement cases are not allowed in rape cases, but deviation can be made from the general principle in case of minors to ensure their well-being. It was alleged that the accused kidnapped the victim, 17 years of age, from the lawful custody of her guardians and subjected her to sexual intercourse, after detaining her under his illegal custody. After this incident, the minor victim became pregnant. The petitioners then approached the Court stating 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 together happily as husband and wife. The Court held that settlement of cases including rape or attempt to rape and POCSO Act offences is not permissible under law. However, though the accused raped the victim, now the victim and the accused are happily married with two kids and this is a fit case where quashing the proceedings can be allowed. Accordingly, the Court quashed the criminal proceedings against the accused under various provisions of IPC and Sections 5(l)(j)(ii), 6, 4 and 3(a) of the POCSO Act. 

However, the Court added that cases of rape or attempt to rape are heinous and serious and are not private in nature. These are crimes against the body of a woman and have a serious impact on the society. Compromise in these cases is nothing but putting pressure on the victim which cannot be allowed. (X & Anr. v. State of Kerala & Anr.- CRL. MC No. 2031 of 2024)

Click here to read/download the order.