Cases related to sexual violence cannot be quashed on the basis of monetary payments as doing so would imply that justice is for sale, said the Delhi High Court on Monday, reported Bar and Bench.
The High Court made the observation in a judgment while refusing to quash a first information report against a man accused of rape under section 376 of the Indian Penal Code.
According to the FIR, the accused allegedly assaulted the complainant four times. The accused, who met the woman on social media, had allegedly indulged in sexual violence after making a false promise to marry the complainant. The accused had also misrepresented himself as being divorced.
Later, the two settled and agreed to quash the case on payment of Rs 12 lakh. However, the final amount agreed was Rs 1.5 lakh after considering the financial condition of the accused.
The High Court, however, said that an FIR in a serious crime like this cannot be quashed.
On Monday, Justice Swarana Kanta Sharma said that the FIR highlights issues of self-respect, life and death for the complainant and her child, and she has presented evidence of threats and other allegations.
The court said that the case serves as a deterrent for the accused and a lesson for the community, adding that neither the accused nor the complaint can demand quashing of FIR as a matter of right even if the two parties have reached a compromise.
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