The Delhi High Court recently observed that cases involving allegations of sexual violence cannot be quashed based on monetary settlements, as this would suggest that justice is for sale [Rakesh Yadav & Ors v. State of NCT of Delhi & Anr].
Justice Swarana Kanta Sharma stated that the first information report (FIR) in question deals with matters of self-respect, life, and death for the prosecutrix and her child, and contains her claims of having evidence of threats and other allegations.
“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,” said Justice Sharma.
The High Court made this observation while refusing to quash an FIR registered under Section 376 (rape) of the Indian Penal Code (IPC). The woman alleged that she was sexually assaulted by a man four times, whom she met on social media.
The Court also noted that the accused misrepresented himself as being divorced and committed sexual violence against the woman under the false promise of marriage.
Later, the parties settled and agreed to quash the case for a payment of ₹12 lakh, but considering the financial situation of the accused, the amount was reduced to ₹1.5 lakh.
The Court ruled that an FIR in a serious case like this cannot be quashed.
“This Court is of the opinion that 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. Neither the accused nor the complainant can be allowed to manipulate the criminal justice system or misuse State and judicial resources to serve their own ends. Therefore, even if the parties have reached a compromise, they cannot demand the quashing of an FIR as a matter of right.”
Justice Sharma added that the trial court must decide the case on its merits, considering the facts in light of natural justice for both the complainant and the accused, while keeping in mind the broader implications for the community and the criminal justice system.
Advocate Shashak Jain represented the accused.
Additional Public Prosecutor Naresh Kumar Chahar, along with Advocates Jasir Aftab and Md Hedayatullah, represented the State.
