Kerala High Court Refuses to Quash Rape Case, Says Serious Offences Affect Society

The Kerala High Court has declined to set aside criminal proceedings against a man accused of sexually assaulting and body-shaming his fiancée before breaking off the engagement, ruling that serious offences cannot be terminated merely because the parties have reached a settlement.

Justice Jobin Sebastian was hearing a petition from the accused, who argued that he and the complainant had amicably resolved their dispute and that continuing the criminal case would not serve the interests of justice.

Dismissing the plea, the court observed in its June 10 order: “The offence involved in this case is obviously not private in nature and certainly has a serious impact on society. Therefore, the compromise said to have been arrived at between the accused and the de facto complainant cannot be taken as a reason to quash the proceedings against the accused.”

The case involves allegations that the man sexually assaulted his fiancée, subjected her to body-shaming remarks, and later called off the wedding. The accused had sought to have the criminal proceedings quashed under Section 482 of the Code of Criminal Procedure, which allows the High Court to prevent abuse of process or secure the ends of justice.

The court’s ruling reinforces the principle that certain offences, particularly those affecting the dignity of women and societal interests, cannot be treated as private matters that can be settled out of court. The decision aligns with precedents from the Supreme Court, which has held that heinous crimes like sexual assault cannot be quashed merely on the ground of compromise.

Legal experts say the judgment sends a strong message that settlements between parties do not always override the larger public interest in prosecuting serious crimes. The case will now proceed to trial.