A Supreme Court bench comprising Justice Abhay S. Oka and Justice Augustine George Masih overturned a Gujarat High Court order and remanded the case back to the High Court. The bench emphasized that the decision to quash proceedings and the associated order cannot be sustained.
The Supreme Court stated that before considering a petition to quash proceedings in non-compoundable offenses like rape, the High Court must satisfy itself about the genuineness of any settlement between the victim and the accused. It also accepted a plea filed by a rape survivor against the Gujarat High Court’s order dated September 29, 2023.
Bench’s Key Remarks
The bench annulled the High Court’s decision and returned the matter for reconsideration. It stated that decisions to quash proceedings require a careful evaluation of settlements, especially in sensitive cases. In this case, two affidavits were filed on the same day, raising concerns about their authenticity.
The bench further clarified that unless the court is satisfied about the existence of a genuine settlement, it cannot proceed to quash proceedings. If the High Court finds that an actual settlement exists, it must consider whether exercising its powers under Section 482 of the CrPC or Article 226 of the Constitution to quash criminal proceedings based on such a settlement is justified.
The survivor had approached the Supreme Court, distressed by the High Court’s decision to quash criminal proceedings and direct her to return the compensation she had received under the Atrocities Act to the concerned authority.
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