Ahmedabad: Gujarat High Court on Friday said
it was unfortunate when a rape accused seeks quashing of FIR
against him on grounds that he has reached a compromise with
the victim and her father, and declined relief to a man.
The observation was made by Justice Akil Kureshi while
hearing a petition of Surat resident Dilipkumar Mehta, accused
of raping a minor girl in November last year.
The 16-year-old victim, in a police complaint, had
alleged Mehta had sexually assaulted her more than once. Mehta
had approached the court to quash the FIR against him on the
ground that he has compromised with the girl and her father.
The girl had also submitted an affidavit along with
her father that they had no problem if the FIR against Mehta
was quashed.
Mehta has contended in his petition that since the
victim and her father did not have any objection, the
complaint against him should be set aside.
The court, while declining to quash the FIR, noted "it
is rather unfortunate that such a serious complaint is sought
to be quashed on the ground of compromise. The girl is a
minor. Statutorily as well as judicially, offence of rape is
viewed as one where the court should have no tolerance."
When Justice Kureshi started dictating a detailed
order, Mehta's advocate sought the court's permission to
withdraw the petition.
The Judge said, "(since) the petitioner seeks
unconditional leave to withdraw the petition. I, therefore, do
not complete the order."
Details of the compromise reached between the two
sides were not mentioned in the petition seeking quashing of
the FIR filed at Surat's Varachha police station.
PTI
First Published: Friday, February 05, 2010, 21:24