The Bombay High Court has declined to quash a gang-rape FIR against two men, despite a settlement with the survivor.
The FIR stated she was drugged, abducted, and raped after being forcibly taken into a car and taken to a lodge. The complaint stated that she was threatened and left on the road afterwards.
The Court held that serious offences like rape cannot be compromised as it undermines public interest and justice, as such compromises may be influenced by coercion or money and undermine public justice.
Finding prima facie evidence against the accused, the Court ruled that alleged misunderstandings do not justify withdrawal of the rape FIR. The matter must proceed to trial, where the complainant’s testimony can be evaluated.
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