VidhiSangh

Supreme Court of India · 05/11/2024

XYZ versus THE STATE OF GUJARAT & ANR.

[2024] 11 S.C.R. 792 · 2024 INSC 869

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Summary

The Supreme Court set aside a High Court order that quashed a rape and SC/ST Atrocities Act prosecution on the strength of an alleged settlement. The High Court relied on two affidavits bearing the illiterate victim's thumb impressions, executed the same day, with no endorsement that their contents had been explained to her. Before quashing non-compoundable offences on the basis of a settlement, the court must satisfy itself that the settlement is genuine, and in serious offences, especially against women, it should secure the victim's presence in person or by video conference. The matter was remitted for fresh consideration.

Issues

  1. What the High Court must do before quashing proceedings for serious non-compoundable offences on the ground of settlement.
  2. Whether the High Court could act on thumb-impressed affidavits of an illiterate victim lacking an endorsement that their contents were explained to her, without securing her presence.

Provisions considered

Held

Result

Appeal partly allowed; the High Court's order of 29.09.2023 set aside and the quashing petition restored, to be listed before the Roster Bench on 2 December 2024 with the appellant, the accused and the State present. The appellant may file an affidavit on settlement, and the High Court may order an inquiry by a Judicial Officer if necessary.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 792.