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Compromise in rape case

Shivendra Pratap Singh

Advocate

15/09/2016

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Sir, my younger brother is involved in a rape case. He is falsely implicated in the crime. Now complainant is under consideration for compromise of the case and she is now ready to withdraw this case. I want to quash this proceeding because that lady, victim of this case, is ready and willing to withdraw it. How can I make a compromise in a rape case?

You cannot dispose of this case through the compromise. According to section 320 of the code of criminal procedure, the court can accept the settlement of offence which is made compoundable under section 320. The rape is a cognisable offence and punishable under section 376 of the Indian penal code. This offence is non-compoundable. Hence, you cannot compromise this case.

In Yogendra Yadav and others vs. State of Jharkhand 2014 (9) SCC: it is held by the Supreme Court of India that the offence of murder and rape cannot be quashed by a compromise in the exercise of power under section 482 crpc.

In Gian Singh vs. State of Punjab 2012 (24) SCC: again the Supreme Court of India has held that the offence involved moral turpitude and grave nature of offence like murder and rape etc. cannot be affected by quashing the proceeding because it will have a harmful effect on the society.

In Shimbhu vs State of Haryana 2014 (12) SCC: since the court cannot always be assumed that the consent given by the victim in compromise the case is genuine, there is every chance that she might have been pressurised by the accused.

Thus it is clear from the above discussion that grave offence like rape cannot be quashed by compromise. One thing is also clear that the court may always presume that consent is not free from inducement, threat, duress or promise.

In respect of offence of rape court always presumed that an Indian woman traditionally would not concoct a fake story and bring a charge of rape for blackmail or revenge. So it would be very tough to compromise in a rape case.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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