The Kerala High Court recently declined to quash the proceedings in a rape case against a priest, despite a settlement being reached between him and the survivor [Fr. Babu Varghese v. State of Kerala & Anr.].
Justice A Badharudeen emphasized that while the High Court has the authority under Section 482 of the Code of Criminal Procedure (CrPC) to quash proceedings even in non-compoundable cases like rape, it must consider whether the offense is of a serious nature or has societal implications.
“In cases of serious nature that affect society at large, this Court should not exercise its jurisdiction under Section 482 CrPC to quash proceedings based on a compromise between the parties,” the Court stated.
In this case, the Court found that the prosecution’s allegations against the priest, Father Babu Varghese, were prima facie substantiated. As a result, the Court deemed it inappropriate to quash the proceedings simply because a settlement had been reached with the survivor.
The allegations against Fr. Varghese included his alleged intervention in marital disputes between the survivor and her husband, which purportedly worsened the situation. He was further accused of forcibly entering the survivor’s home and raping her.
Fr. Varghese was charged under Sections 450 (house trespass to commit an offense punishable with life imprisonment) and 376 (rape) of the Indian Penal Code (IPC). He petitioned the High Court to quash the proceedings, arguing that the allegations were false and that a settlement had been reached with the survivor.
However, the Court ruled that such a case could not be dismissed merely on the grounds of a settlement and, therefore, rejected the petition.
Fr. Varghese was represented by advocates S Rajeev, V Vinay, MS Aneer, and Sarath KP. Senior Public Prosecutor Renjit George and Public Prosecutor Anand Kalyanakrishnan appeared for the State.
