Injustice in the name of compromise ?

A bench comprising of Justice Jaishree Thakur, of the Punjab and Haryana High Court, has yet again quashed an FIR alleging rape on the ground that the victim and the accused have married and are residing together happily.

The complainant in the present case even though stated that she was in love with the boy and they promised to marry each other, had alleged that the accused called her at his home where he was alone and forcibly made physical relations with her. She had also alleged that she was taken to Vaishno Devi Temple where he made her obscene movie and threatened her to upload on the internet.

Justice Thakur also observed that- “As per the terms of the compromise, the parties have solemnized marriage with each other and they are now residing together as husband and wife happily, hence, it would be in their welfare if the present FIR is quashed.”
Prior to this case, the Punjab and Haryana HC had held that FIR alleging rape, during the subsistence of a love affair between couples, can be quashed on the basis of compromise and subsequent marriage of the couple

This order is in direct contravention to the observations made by the Apex Court; in the case of Parbatbhai Aahir and Ors. Vs. State of Gujrat and Ors; FIR pertaining to serious offences such as Rape cannot be quashed by virtue of compromise or settlement among the parties. This order blatantly violates the spirit of the order in State of MP v Madan Lal, wherein it held that in a case of rape or attempt of rape, the conception of compromise under no circumstances can exist.



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