Court Denies Quashing of Proceedings Citing Societal Impact of Heinous Crimes
In a significant ruling, the Gauhati High Court, presided over by Justice Mr. Pranjal Das, denied the petition to quash criminal proceedings against Hamedur Islam alias Hamidur Islam, accused of raping a minor, despite a settlement between the parties involved. The case, Fakirganj PS Case No. 16/2025, arose from allegations made by the victim's father that the accused committed rape on January 29, 2025. The petitioner sought to quash the proceedings on the grounds of a compromise with the informant.
The court emphasized that heinous crimes such as rape carry a profound societal impact and cannot be dismissed solely due to a private settlement. The judgment highlighted that the victim was a minor at the time of the incident, which invokes the stringent provisions of the POCSO Act, demanding a thorough trial rather than quashing of proceedings.
Citing significant precedents from the Supreme Court, Justice Das underscored that serious offences, including those involving mental depravity like rape, are not merely private disputes but affect society at large. The court noted that while the victim, now an adult, and the accused plan to marry, the consent for the alleged act was not indicated, and her consistent statements implicated the accused.
The judgment reiterates the judicial principle that settlements in cases involving heinous crimes cannot justify quashing proceedings as they are contrary to societal interests. The court's decision aligns with Supreme Court guidelines that discourage quashing serious offences, emphasizing the need for judicial scrutiny through trial.
Bottom Line:
Quashing of criminal proceedings under serious offences such as rape cannot be justified even when the parties have reached a settlement, especially in cases involving heinous crimes with societal impact.
Statutory provision( s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528, Section 329(4)/64/351(2) of the BNS, Section 4 of the POCSO Act.
Hamedur Islam Alias Hamidur Islam v. State of Assam, (Gauhati) : Law Finder Doc id # 2873026
