Can't turn blind eye to heinous crime of rape on victim's amicable settlement: Meghalaya High Court

Can't turn blind eye to heinous crime of rape on victim's amicable settlement: Meghalaya High Court

Justice W. Diengdoh of Meghalaya High Court on Monday dismissed a petition under Section 482 of Cr.PC. praying for quashing and setting aside an FIR under section 376/506 IPC and Section 4 of the POCSO Act, 2012 on the ground that the parties have come to an amicable settlement.

The court held:

The Court while dismissing the 482 CRPC petition held that “It may be true that after a change of heart or on extraneous circumstances, the petitioner No. 2 is persuaded to come together along with the petitioner No. 1 before this Court with this instant petition to quash the said FIR and proceedings, but the fact remains that an allegation of a heinous crime such as rape being committed and perpetrated on a woman, coupled with a threat for her life if she dared to reveal the incident to anyone cannot be taken lightly. This Court cannot turn a blind eye to such a situation and considering all aspects of the matter, the investigation and trial of the case at this stage cannot be thwarted by a mere asking of the parties involved.”

These observations of the Meghalaya High Court came in an application filed by the petitioners/accused under Section 482 Cr.PC with a prayer to quash the FIR dated 26.11.2022 and criminal proceedings arising out of Khliehriat Women PS Case No. 36(11)2022 under Section 376/506 IPC r/w Section 4 of the POCSO Act, 2012.

Narating the facts the court observed that one of the petitioner had lodged an FIR dated 26.11.2022 narrating a sequence of events involving the other petitioner. In the said FIR, it is stated that the petitioner No.2 being about 23 years old at present had a physical relationship with the petitioner No.1 in the month of March 2017 when she was about 17 years old. It is to be noted that the petitioner No.1 was already a married man at that point of time. The relationship ended on 26.03.2020 when the wife of the petitioner No.1 came to know of the same and had warned the petitioner No.2 not to have any further relationship with the petitioner No.1.

In January last year, the petitioner No.1 again approached the petitioner No.2 with a promise to provide a Government job for her and by such allurement, the petitioner No.1 asked the petitioner No.2 to meet him near the gate of Khliehriat Higher Secondary School on 28.02.2022 and also to bring the relevant documents along with her.

Petitioner No.2 then met the petitioner No.1 and she was persuaded by him to go in a vehicle to a certain place with the assurance that she is to sign some papers there. However, on reaching the house, the petitioner No.1 raped her and threatened that she should not reveal the incident to her relatives or else he will kill her.

Later her mother took her to hospital by her mother and it was found that she was pregnant.

It was argued by K. Paul, Senior Advocate that both of them were in a relationship and the same is based on mutual love and understanding. Persuaded by others, she lodged a report against him and after realizing his responsibility and the baby and assurance were given to take care of the child in whatever manner that it required. It was also argued that an amicable settlement has been arrived at by the parties and prayed not to spoil their future.

Case Details:-

Crl. Petn. No. 2 of 2023
Shri Bhalang Shylla & Anr.


State of Meghalaya

Read the Complete judgment on this link/tab

Appearance of the Advocates:
For the Petitioner/Appellant(s) : 
Mr. K. Paul, Sr. Adv.
Ms. B.S. Goyal, Adv. 

For the Respondent(s) : 
Mr. S. Sengupta, Addl. PP 
Mr. H. Kharmih, Addl. PP.

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