Indore, Sept 23 (PTI) The Madhya Pradesh High Court has refused to quash an FIR for rape based on a compromise between the victim and the accused, noting the “sacrosanct entity” of women must be protected in all circumstances.
The accused had filed a petition before the Indore bench of the high court requesting quashing of the case registered on May 3 and the proceedings pending in the lower court.
According to the prosecution, the complainant met the accused at a club in Indore in 2022. They established physical relations after he promised to marry her.
A dispute arose when the woman suspected that the accused was in contact with other young women and confronted him. The accused allegedly assaulted and abused the woman and forced himself on her, causing injuries, the prosecution said.
When the woman refused to have physical relations with the accused after the sexual violence, he raped her by threatening to circulate her objectionable photos and videos on social media, the prosecution said.
Justice Prem Narayan Singh of the high court rejected the petition of the accused on September 20 in the light of different precedents stating that the legal provisions do not allow the accused to be acquitted in a heinous case of rape merely on the basis of such an agreement (with the victim).
“Nevertheless, this case is related to the cruel commission of rape against the present applicant. It also emerged from the fact that the applicant has also tried to make physical relations not only on the pretext of marriage but also based on the threat of posting the videos from his phone,” Justice Singh stated.
The order stated that the allegation against the applicant was not only related to a woman but it also influenced the integrity and holiness of the women.
When the Court is using its extraordinary jurisdiction under section 482 of CrPC, the court has also to see other facts and circumstances concerning the society, the order stated.
“Now, the offence of committing rape is one of the heinous offences and stringent provisions are made by the legislature for punishing the culprits of the rape. A woman survives as a mother, wife, sister, and daughter etc. of every person. Her body is known as her temple as she is specifically known for her sacrifices,” the high court noted.
The HC further said that a woman’s “sacrosanct entity” is required to be protected in every circumstance.
“The modesty and sanctity of a woman is always worshipped in our country. No one should be allowed to ravish her and later on, only on the basis of compromise under specific circumstances, allowed to be acquitted, especially when the legislature in its wisdom declines to allow such type of compromise,” the high court observed. PTI HWP ADU NSK
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