‘Woman’s body her temple’: Madhya Pradesh High Court refuses to quash rape case despite survivor’s ‘compromise’

‘Rape crime against society’

• Offence of rape fall in the category of “serious and heinous” category.
• The same is treated as crime against the society and not against individuals alone.
• There cannot be a compromise or settlement as it would be against her honour which matters the most.
• Woman’s honour is sacrosanct.
• Such offences cannot be quashed in exercise of inherent jurisdiction merely on the basis of compromise.
• These offences strike at the bodily integrity and dignity of a woman and have far-reaching societal implications.
• They cannot be construed as disputes of a purely personal or private character.
• Even though the survivor has entered into a compromise, the same cannot override the larger public interest.
• The gravity and nature of the allegations disentitle the petitioner from seeking quashing on the basis of compromise.
• Persons accused of such grave offences are subjected to due process of law.
• When a human frame is defiled, the “purest treasure”, is lost.
• The dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay.
• Reputation, needless to emphasise, is the richest jewel one can conceive in life.
• No one would allow it to be extinguished.

These offences strike at the bodily integrity and dignity of a woman and have far-reaching societal implications, said the Madhya Pradesh High Court. (Image enhanced using AI)

Petition dismissed

• The high court dismissed the petition and allowed the criminal trial to proceed in accordance with law .
• “No order as to costs,” the court directed, formally closing the plea.

Background: FIR alleging rape, trespass

• According to the prosecution, the FIR was registered at Dabra police station in Gwalior district in 2021.
• The survivor lodged a complaint alleging that the accused, Lavkush Vaghel, had committed rape upon her.
• The case led to registration of offences under Section 376 (rape) and Section 450 (house-trespass) of the IPC, read with provisions of the Protection of Children from Sexual Offences (POCSO) Act.
• The accused approached the high court seeking quashing of the FIR and all consequential proceedings on the ground that the parties had entered into an amicable compromise.
• In compliance with an earlier direction dated September 13, 2024, the compromise was verified by the principal registrar, who recorded statements of both the survivor and the accused and reported that the settlement was voluntary and without coercion.
• However, the state opposed the plea, arguing that rape is a heinous and non-compoundable offence with deep societal ramifications.

No leniency on promise of marriage

• The court also cautioned against the frequent defence tactic of offering marriage as a ground for leniency.
• Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner.
• The bench added that courts must remain “absolutely away from this subterfuge” .
• Calling any liberal approach in such cases a “spectacular error,” the court said compromise in rape cases would amount to undermining a woman’s honour and dignity.

Inherent powers not shield for heinous offences

• The court clarified that although Section 482 CrPC (now Section 528 BNSS) empowers high courts to quash proceedings to secure the ends of justice or prevent abuse of process, such power cannot override the gravity of serious offences.
• Section 482 of the CrPC recognises the inherent powers of the high court to pass orders necessary to prevent abuse of the process of any court, give effect to CrPC orders, or secure the ends of justice.
• It is a saving clause for exercising discretionary power, used for quashing FIRs or proceedings, generally when no other remedy is available.
• It concluded that the gravity and nature of the allegations disentitled the petitioner from seeking quashing merely on the basis of settlement between the parties.