GUWAHATI: The Delhi High Court has firmly stated that allegations of sexual violence cannot be quashed based on financial settlements, asserting that such actions would imply that justice can be bought. The observation was made by Justice Swarana Kanta Sharma in the case of [Rakesh Yadav & Ors v. State of NCT of Delhi & Anr], where the court refused to quash an FIR filed under Section 376 of the Indian Penal Code (IPC) for rape.
The case involves serious allegations where the complainant accused the man of sexually assaulting her four times after they met on social media. The accused had allegedly deceived the woman by misrepresenting himself as divorced and promising marriage, only to exploit her sexually.
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The FIR in question highlights critical issues, with the prosecutrix asserting that she possesses evidence of threats and other allegations against the accused. During the hearing, it emerged that the parties had reached a settlement agreement involving a financial payment of ₹1.5 lakh, down from an initially agreed ₹12 lakh, due to the accused’s financial constraints.
However, Sharma was unequivocal in her stance that financial compensation cannot be a basis for quashing criminal cases involving severe allegations of sexual violence. “This Court is of the opinion that criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments, as doing so would imply that justice is for sale,” stated Sharma.
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The High Court emphasised the broader societal and ethical implications of allowing such settlements. Sharma pointed out that quashing the FIR in a grave case of sexual assault could undermine public confidence in the criminal justice system and set a dangerous precedent.
“Justice in a criminal trial, particularly in a case such as the present one, serves not only as a serious example and deterrent to the accused but also as a lesson to the community as a whole,” she added. Sharma further instructed that the trial court must evaluate the case on its merits and ensure that the principles of natural justice are upheld for both the complainant and the accused.