Kochi: The Kerala High Court has dismissed the petition of an MBBS student accused of allegedly raping his fiancee and subsequently withdrawing from the marriage, seeking to quash the case based on a settlement reached between the parties.
Court's Observation
The bench of Justice Jobin Sebastian dismissed the petition, observing that in cases involving grave offences that affect society at large, courts should not quash criminal proceedings merely on the basis of a compromise reached between the parties.
Prosecution's Allegations
According to the prosecution, the petitioner allegedly raped his fiancee and physically assaulted her at her residence in May 2024. The woman, also an MBBS student, had been in a relationship with the petitioner since 2022, and their engagement was conducted with the consent of both families in March 2023. Following the alleged assault, the accused allegedly body-shamed her in the presence of her friends and later withdrew from the marriage, prompting her to lodge a complaint with the Kalamassery police.
Petitioner's Argument
In his petition seeking quashing of the case, the petitioner contended that the dispute arose out of a misunderstanding between the parties and had subsequently been amicably settled. The petition also enclosed an affidavit from the de facto complainant stating that she did not intend to pursue the matter further. During the hearing, the court noted that the petitioner had previously approached the High Court seeking to quash the case based on an affidavit filed by the de facto complainant stating that she had no objection to setting aside the proceedings. However, that petition was withdrawn owing to a misunderstanding between the parties.
Court's Decision
The court further observed that the offences alleged in the case are grave, heinous, and non-compoundable. It held that the matter cannot be treated as a private dispute between the parties, as it has serious implications for society. Therefore, the compromise purportedly reached between the accused and the de facto complainant could not be considered a valid ground for quashing the criminal proceedings against the petitioner.
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