Law Can’t Be Played With For Money Or Pressure
In a landmark judgment Bombay Excessive Courtroom Rejects Quashing of Gang-Rape Case, reiterates the precept that heinous crimes can’t be trivialized via personal settlements, “Legislation Can’t Be Performed With for Cash or Strain”
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MUMBAI: In a landmark judgment that reiterates the precept that heinous crimes can’t be trivialized via personal settlements, the Bombay Excessive Courtroom in Dnyaneshwar Vishnu Suryawanshi vs State of Maharashtra (Legal Software No. 864 of 2024) refused to quash a rape case regardless of a compromise between the accused and the sufferer.
The Courtroom emphasised that offences like gang rape are usually not personal wrongs that may be resolved via mutual understanding—they’re crimes towards society.
ALSO READ: Gopalpur Gang-Rape Case: NCW Takes Suo Motu Cognizance
Background of the Case
The case originated from FIR No. 40 of 2023, filed at Ausa Police Station, Latur, by a 32-year-old married girl alleging that she was kidnapped and raped on January 25, 2023.
Whereas strolling on the highway from Khuntegaon to Jamalpur, she was allegedly forcibly taken right into a automobile by Dnyaneshwar Suryawanshi (Applicant No.1), who assaulted her, drugged her with a crimson liquid, and took her to Akshay Lodge in Ausa the place she was raped.
After the incident, she was deserted close to Latur with threats to not disclose the matter. The supplementary assertion later recognized Akash Lature (Applicant No.2) because the automobile driver. Witnesses, together with the lodge proprietor, supervisor, and the automobile proprietor, corroborated elements of the incident of their statements.
The accused sought to quash the case underneath Part 482 CrPC on the bottom of a mutual settlement with the informant, who claimed the FIR was filed because of a misunderstanding. Nonetheless, the Courtroom discovered the allegations too critical to be dismissed via compromise and rejected the appliance.
Statement of the Courtroom
The Bombay Excessive Courtroom, whereas deciding the appliance underneath Part 482 CrPC, made it clear that the offence alleged gang rape, kidnapping, assault, and prison intimidation, falls underneath the class of heinous crimes and thus can’t be quashed merely due to a personal settlement between the events.
The Courtroom emphasised that consent of the informant alone shouldn’t be ample to invoke its inherent powers, particularly in such critical issues. It famous that the materials within the cost sheet, together with statements from the lodge proprietor, supervisor, and the automobile proprietor, helps a prima facie case.
The Courtroom rejected the declare that it was merely a “misunderstanding,” stating that such a grave accusation like rape can’t be calmly defined away. Furthermore, the true phrases of the compromise weren’t disclosed, and there was no denial of the FIR’s contents, solely a declare of forgiveness.
The Courtroom expressed concern that such compromises would possibly outcome from strain or cash energy, undermining justice. It additionally noticed that permitting such settlements might set a harmful precedent, making it straightforward for accused individuals to govern the method.
The Courtroom mentioned,
“Such sort of compromises are usually not within the curiosity of the society. It might be then straightforward for the accused individuals to get the consent of such informants by placing strain or utilizing cash energy.”
Therefore, the appliance for quashing the FIR and proceedings was rejected to uphold the rule of legislation and shield societal pursuits.
The Bombay Excessive Courtroom’s choice in Dnyaneshwar Vishnu Suryawanshi vs State of Maharashtra is not only a verdict, it’s a sturdy assertion on safeguarding the sanctity of prison legislation in circumstances involving violence towards ladies. It underscores that justice can’t be negotiated in terms of crimes that strike on the core of human dignity and societal order.
Case Title: Dnyaneshwar Vishnu Suryawanshi vs State of Maharashtra
Case No: Legal Software No. 864 of 2024
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