The Delhi High Court recently emphasized that allegations of sexual violence can’t be resolved through financial settlements, stating that justice should not be seen as purchasable.
Justice Swarana Kanta Sharma highlighted that the case under scrutiny involves fundamental issues of dignity, survival, and protection for the victim and her child, with assertions of evidence against threats and other accusations.
Court’s Observation
The Court firmly stated, “Criminal cases involving sexual violence cannot be dismissed through monetary payments, as it would imply justice is commodified.” This stance was taken while declining to quash an FIR filed under Section 376 of the IPC, alleging repeated sexual assault by a man who initially misrepresented himself on social media as divorced, engaging in violence under false marriage promises.
Initially negotiating ₹12 lakh for settlement, adjusted to ₹1.5 lakh due to the accused’s financial constraints, the Court ultimately refused to quash the FIR, asserting that serious criminal cases demand trial and not compromise.
Justice Sharma stressed that such trials set crucial examples and deterrence, cautioning against manipulation of justice by either party. The court underlined the trial court’s duty to uphold natural justice, examining facts impartially for broader societal and judicial integrity.
Advocate Shashak Jain represented the accused, while Additional Public Prosecutor Naresh Kumar Chahar, along with Advocates Jasir Aftab and Md Hedayatullah, represented the State.
