Says ‘compromise’ between parties cannot be ground for dropping charges in graves offences
Morung Express News
Dimapur | March 24
A criminal revision petition for quashing a criminal proceeding in connection to an alleged bid to molest and attempt to murder was dismissed by the Kohima Bench of the Gauhati High Court.
The order, which was delivered on March 24, pertained to a case dating to June 2016 registered at the North Police Station, Kohima. As per the judgment order, the complaint was filed against one Limhathung, a resident of Kohima, for attempting to molest and murder a minor girl. The FIR was filed by the father of the victim. Based on the complaint, a case under section 354A (2)/307, read with Section 18 of the POCSO Act, was registered by the police and the accused arrested.
The accused was subsequently released on bail, while the investigation went ahead and completed and the police filed the charge-sheet in court.
However, a few months later, in November, the families of the complainant and the accused reportedly came to an understanding to drop the charges. As stated in the order, “When the matter was pending before the trial court, on 22.11.2016, the family of the informant and the petitioner’s family decided to compromise the matter so as to put to an end to the matter.
Based on the “compromise,” the accused file a criminal revision petition, appealing the court to quash the criminal proceeding against him. The complainant also attested to the claim, in court.
Giving its ruling, the courted noted that High Courts have the power to “compound” cases but when doing so, it also has to consider the facts and nature of the case.
It said, “It is also settled that offences which involve moral turpitude and grave offences like rape, murder etc. even if compromised cannot be quashed in exercise of High Court’s power under Section 482 Cr.P.C. inasmuch as such offences are against the State and cannot be restricted to two individuals or groups.”
“Therefore, when the offences are grave in nature and allegation is of an attempt of rape of a minor, such allegation and criminal proceeding cannot be quashed on the basis of a compromise entered into between the families of the victim and accused inasmuch when it is a sexual offence involving a minor, the parents, in the considered opinion of this court, cannot give consent on behalf of the minor to compromise such serious offences,” it observed.
Making the observation, the Court dismissed the petition and directed the trial court to proceed with the trial.
