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In cases of heinous offences such as rape, even if the parties have settled the dispute, the same cannot be accepted as it will have a serious impact on the society, opined the Karnataka High Court recently.

Justice HP Sandesh made this observation while hearing a petition is filed by the accused and victim seeking to quash the pending proceedings against the accused for rape under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). 
“In a case of heinous offence of rape, even if the parties have settled the dispute, the same cannot be accepted and the proceedings cannot be quashed since it will have serious impact on the society.”

The petitioner No.1/accused committed rape on the minor girl-petitioner No.2 herein in the guise of loving her. As a result, she became pregnant and thereafter, he kidnapped the victim and took her to Kolhapur. 
The counsel appearing for the petitioners submitted that petitioner No.1/accused and petitioner No.2/victim have married and have a child together. 
The Court was further told that the victim who has been examined before the Court did not support the case of the prosecution as she had turned hostile. Therefore, no purpose would be served in continuing the proceedings against the accused. In this regard, the petitioners prayed for quashing the proceedings initiated against the accused. 
Challenging the petition, the High Court government pleader contended that the offences committed by the accused are heinous offences. So, the Court cannot exercise its power under Section 482 of the Code of Criminal procedure for quashing the case. 
The Court, after hearing the rival contentions said that when the accused has committed offence under Section 376 of IPC against a minor girl who is below 18 years, it would not matter even if she has given her consent. 
“……even if the victim has given consent, the same is not considered as consent at all”

Referring to various judgements, the Court observed that before exercising the power under Section 482 of Cr.P.C., the High Court must look into the nature and gravity of the crime and social impact it has. 
Then the Court went on to say that keeping the object and scope of POCSO in mind, quashing the proceedings against the accused does not arise.

“The Hon'ble Apex Court has specifically held that in case of serious offence of rape, the Court cannot exercise power under Section 482 of Cr.P.C., and the same will have impact on the society. The Court has to look into the statute and object in bringing the special enactment of POCSO Act and hence, considering the object and scope of special enactment of POCSO Act, exercising power under Section 482 of Cr.P.C., does not arise. When the accused has committed offence under Section 376 of IPC against a minor girl who is below the age of 18 years, even if the victim has given consent, the same is not considered as consent at all”, the Court said, while dismissing the petition.

 
Case Name: Anil vs State of Karnataka