Rape, Murder Charges Can't be Quashed Despite Settlement: SC

Published: 29th July 2014 05:57 PM  |   Last Updated: 29th July 2014 05:58 PM   |  A+A-


NEW DELHI: Criminal proceedings in grave offences like rape and murder cannot be quashed despite the victim and the accused reaching a compromise and coming to an amicable settlement, the Supreme court has ruled saying it will have harmful effect on society.

A bench of justices Ranjana Prakash Desai and N V Ramana, however, said that proceedings in other offences, which are not related to public peace or tranquillity and confined to two individuals or groups, can be quashed after the parties reach a compromise.

"...the High Court can exercise its discretion to quash the proceedings will depend on facts and circumstances of each case. Offences which involve moral turpitude, grave offences like rape, murder etc. cannot be effaced by quashing the proceedings because that will have harmful effect on the society," the bench said.

The apex court said that grave offences cannot be said to be restricted to two individuals or two groups and quashing of such offences may send "wrong signal" to the society.

"However, when the High Court is convinced that the offences are entirely personal in nature and, therefore, do not affect public peace or tranquillity and where it feels that quashing of such proceedings on account of compromise would bring about peace and would secure ends of justice, it should not hesitate to quash them," the bench said.

It said in such cases(where parties compromise), the prosecution becomes a lame prosecution and pursuing it would be waste of time and energy.

"That will also unsettle the compromise and obstruct restoration of peace," the bench said.

The apex court passed the verdict on a bunch of petitions filed by various convicts seeking quashing of proceedings against them on the ground that they have reached amicable settlement with the victims.

Stay up to date on all the latest Nation news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)


Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp