Rape Case Can Be Quashed Based On Settlement Between Parties In Exceptional Circumstances : Supreme Court

The Supreme Court today (July 16) observed that criminal proceedings related to rape offences can be quashed based on settlement in exceptional circumstances, subject to the facts of the case.

“At the outset, we recognise that the offence under Section 376 IPC is undoubtedly of a grave and heinous nature. Ordinarily, quashing of proceedings involving such offences on the ground of settlement between the parties is discouraged and should not be permitted lightly. However, the power of the Court under Section 482 Cr.P.C. to secure the ends of justice is not constrained by a rigid formula and must be exercised with reference to the facts of each case.”, the court observed.

The bench comprising Justices Vikram Nath and Sanjay Kumar was hearing the appeal filed against the Bombay High Court's Aurangabad Bench's decision which refused to quash the rape case against the Appellants despite the prosecutrix expressing her desire not to pursue the case, stating that the differences between the accused and her were mutually resolved.

Considering the fact that the second FIR registered by the prosecutrix was a reactionary step against the first FIR, and no purpose would be serve to let the proceedings be continued against the Appellants, therefore in the interest of justice the pending proceedings stands quashed.

“More importantly, the complainant in the second FIR has unequivocally expressed her desire not to pursue the case. She has submitted that she is now married, settled in her personal life, and continuing with the criminal proceedings would only disturb her peace and stability. Her stand is neither tentative nor ambiguous, she has consistently maintained, including through an affidavit on record, that she does not support the prosecution and wants the matter to end. The parties have also amicably resolved their differences and arrived at a mutual understanding. In these circumstances, the continuation of the trial would not serve any meaningful purpose. It would only prolong distress for all concerned, especially the complainant, and burden the Courts without the likelihood of a productive outcome.”, the court observed.

“Therefore, having considered the peculiar facts and circumstances of this case, and taking into account the categorical stand taken by the complainant and the nature of the settlement, we are of the opinion that the continuation of the criminal proceedings would serve no useful purpose and would only amount to abuse of process.”, the court added.

Case Title: MADHUKAR & ORS. VERSUS THE STATE OF MAHARASHTRA & ANR.

Citation : 2025 LiveLaw (SC) 710

Click here to read/download the judgment

Appearances:

For Petitioner(s) : Ms. Bina Madhavan, Adv. Mr. S.. Udaya Kumar Sagar, Adv. Mr. S. Tridev Sagar, Adv. M/S. Lawyer S Knit & Co, AOR Ms. Praseena Elizabeth Joseph, AOR Ms. Shreyasi Kunwar, Adv.

For Respondent(s) :