Kochi, Aug 27 (IVC) The Kerala High Court has held recently here that any agreement between a complainant and accused to settle felonies such as murder, rape and atrocities against children or withdrawing such cases would be void as they were opposed to public policy.
The court made the observations while dismissing a plea of Abdul Jaleel , a former panchayat assistant secretary , asking to quash a rape case filed by a panchayat staff.
On March 13, 2016 Sunday, when the complainant who was summoned for some urgent work, reached the office, the petitioner allegedly raped her.
After that the petitioner produced an agreement between the survivor and him for settlement of the case and withdrawing the case, the court observed that it was the well settled law that any agreement or contract settling public offences such as murder, rape and atrocities against children would be void for the reason that it was opposed to public policy.
In the same manner, an agreement for withdrawing from prosecution was nothing but stifling the prosecution and the same was opposed to public policy.
The court said that the agreements are intended to stifle the prosecution in the serious offence of rape. Therefore, the same are illegal and cannot be considered as the sole basis to quash the proceedings.
