Ernakulam (Kerala): The Kerala High Court has made important observations on quashing cases of sexual assault against women and children. No general rule is possible regarding the dismissal of the case on the basis of settlement. The court also pointed out that a decision can be taken considering the facts of the case.
This observation was made by Justice Kausar Edappagath. The High Court also stated that when such cases are dismissed on the basis of settlement, certain factors have to be examined. Consideration should be given to the nature of the case, the impact of the crime on the community, and the manner in which the victim was injured. Also, the fact that the victim has reached a settlement also needs to be checked.
However, the High Court also clarified that the case cannot be quashed because of the settlement if the crime is extremely brutal. The Court made the observations while hearing a batch of quashing petitions.
However, the government has opposed the cancellation of such cases. Cases of sexual violence against women and children cannot be dismissed on the basis of settlement. The government argued that the dismissal of the case itself under the terms of the settlement would be interpreted as legalizing the crime.
The court also stated that the welfare of the victim should also be taken into account. Although a general standard is not possible in this regard, the High Court has taken the position that a decision can be taken after examining the facts of each case. The court also observed that in cases of torture by the promise of marriage, if the victim and the accused get married later, the case proceedings will not affect their family life.
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