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XYZ vs The State of Gujarat & Anr.

Not available · 2024 INSC 869Decided 5 Nov 2024
Not available

Background

The appellant, the complainant/victim in an FIR alleging offences under Section 376(2)(n) IPC (aggravated sexual assault) and provisions of the SC/ST Atrocities Act, later found the accused's plea to quash the case allowed by the Gujarat High Court on the basis of affidavits suggesting she had settled the matter and accepted compensation. The appellant challenged this before the Supreme Court, arguing the affidavits were suspicious: one was in English, another in Gujarati, both apparently thumb-marked by an illiterate woman without any endorsement that their contents were explained to her, and the High Court had quashed the case without ever verifying with her personally whether a genuine settlement existed.

Decision Breakdown

The Supreme Court held that where a High Court is asked to quash a non-compoundable, serious criminal case (such as one alleging aggravated sexual assault and offences under the Atrocities Act) on the ground of a settlement, it must independently satisfy itself that a genuine settlement actually exists between the victim and the accused before acting on it. It cannot rely mechanically on affidavits of questionable authenticity, particularly where the alleged victim is illiterate and there is no proof the documents were explained to her. Finding these safeguards were not followed, the Court set aside the High Court's quashing order in part and restored the matter for fresh consideration before the appropriate bench, with the genuineness of any settlement to be properly verified, keeping all questions on the merits open.

Lesson Learnt

Courts cannot quash serious criminal cases, especially involving sexual violence, merely on the strength of settlement documents; they must personally verify that a vulnerable complainant genuinely, knowingly consented to any compromise before letting an accused walk free on that basis.

Official source (sci.gov.in)View Judgment (PDF)

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