Thiruvananthapuram, August 31, 2024, 2:30 PM IST — In a significant ruling, the Kerala High Court has declared an agreement to settle a rape case as void, emphasizing that such settlements are contrary to public policy. The judgment, delivered on Thursday, highlights the court’s firm stance against any private arrangements that attempt to resolve criminal cases of a grave nature outside the legal framework.
The case involved a rape survivor and the accused, who had entered into an out-of-court settlement with the intention of withdrawing the criminal charges. The agreement, which included financial compensation for the survivor, was presented to the court in an effort to quash the case.
However, the Kerala High Court rejected the settlement, stating that crimes like rape are not just offenses against the individual but against society as a whole. The court observed that allowing such settlements would undermine the legal process and set a dangerous precedent, where serious crimes could be resolved through private deals, effectively bypassing the justice system.
The bench, while delivering the judgment, cited several precedents from the Supreme Court, reinforcing the principle that criminal cases, especially those involving heinous crimes, cannot be settled outside the court. The court stressed that the legal system is designed to deliver justice, and any compromise in such cases would be in violation of the principles of public policy.
The ruling has been widely appreciated by legal experts and social activists, who argue that it sends a clear message that justice cannot be traded or negotiated in cases involving serious offenses like rape. They believe that this decision will strengthen the resolve of the judiciary to protect the rights of victims and ensure that perpetrators are held accountable, regardless of any private agreements.
The Kerala High Court’s decision underscores the importance of maintaining the integrity of the judicial process and reinforces the idea that crimes of a serious nature must be dealt with strictly in accordance with the law. The court’s ruling has set a strong precedent, reaffirming that the pursuit of justice cannot be compromised under any circumstances.