Bombay HC Refuses To Quash Rape Case Despite Victim's Plea, Says Compromise In Heinous Crimes Not In Society's Interest

Mumbai: The Aurangabad bench of the Bombay High Court recently refused to quash a rape case against two men, observing that compromises in heinous offences are not in the interest of society.

A bench of Justices Vibha Kankanwadi and Sanjay Deshmukh, on June 30, rejected the complainant’s plea, where she claimed she and the accused were “close friends” and the FIR had been filed due to a “misunderstanding.” The judges said, “The misunderstanding cannot be to the extent of lodging the FIR in respect of committing rape on her.”

The court noted that there was prima facie evidence supporting the woman’s initial allegations. “The real terms of compromise have not been brought on record, and there is absolutely no statement that the contents of the FIR are incorrect. However, she wants to forgive the applicants for whatever reasons,” the bench saids.

The court observed that allowing quashing on such grounds could set a dangerous precedent where accused persons might use pressure or money to silence complainants. “Such type of compromises are not in the interest of the society,” the judges said, adding that the trial court can initiate perjury proceedings if the woman turns hostile.

According to the FIR, the incident took place on January 25, 2023, when the woman, a married mother of two, was allegedly drugged, abducted, and raped after being lured into a car. She later approached a hospital and informed her husband, following which the FIR was lodged.

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The court also noted that witnesses such as the lodge owner and the car owner corroborated key aspects of the woman’s account. “The offence falls under the category of heinous crime… The applicants/accused cannot be allowed to play with the law,” the court said, refusing to exercise its powers under Section 482 of CrPC to quash the case.