In a Case of Rape, Compromise Can Never Be Thought of – A Woman’s Body Is Her Own Temple: Kerala High Court

The Kerala High Court has dismissed a petition to quash criminal proceedings against Rohit Vishwam @ Appu, accused of multiple offences under the Indian Penal Code (IPC), the Protection of Children from Sexual Offences Act (PoCSO Act), and the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. Despite an affidavit from the now-adult victim expressing no present grievance, the court held that serious offences such as rape cannot be quashed based on settlement.

The petitioner, Rohit Vishwam, allegedly made acquaintance with a minor victim through Facebook and subsequently committed multiple sexual assaults on her at her residence in June and July 2021. The charges included trespassing and various offences under IPC and PoCSO Act, including Sections 450, 342, 354, 354A(1)(ii), 376(n) of IPC, and Sections 8 r/w Section 7, 4 r/w Section 3(a), 6 r/w Section 5(l), 12 r/w Section 11(iv) of the PoCSO Act, as well as relevant sections of the SC/ST (Prevention of Atrocities) Act.

Justice A. Badharudeen underscored the seriousness of the allegations, emphasizing that offences such as rape are crimes against the body of a woman, which should not be compromised or settled privately. The court referred to the paramount importance of maintaining the dignity and honor of women, asserting that such crimes have significant societal impact and cannot be reduced to private disputes.

The court extensively referenced various Supreme Court precedents, stating that settlement cannot be a basis for quashing proceedings in serious offences. Justice Badharudeen noted, “Heinous and serious offences involving mental depravity or offences such as murder, rape, and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society.”

Justice Badharudeen remarked, “In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. 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.”

The dismissal of the quashment petition by the Kerala High Court reinforces the judiciary’s stance on serious offences involving sexual violence and moral turpitude. By rejecting the settlement-based quashment, the court has sent a strong message that the integrity of criminal justice in cases of severe offences cannot be compromised. This decision is expected to uphold the sanctity of legal proceedings and the seriousness with which sexual crimes are addressed, reflecting a commitment to justice and societal welfare.

Date of Decision: July 19, 2024