An Assessment of the Judicial Approach in the Quashing of Compromised Rape Cases using the High Court’s Inherent Powers in India

  • Sumanth Kumar TS
  • Show Author Details
  • Sumanth Kumar TS

    LLM Student at University Law College & Department of Studies in Law, Bengaluru, India

  • img Download Full Paper


The offences such as rape, dacoity, murder, and attempt to murder are heinous offences which are against not only the individual but also the state. The High Courts across India have inherent powers under Section 482 of the Criminal Procedure Code, 1973. Using section 482, the High Courts can quash criminal proceedings, but they can do that only to secure the ends of justice. But there is a pattern which can be found where rape cases are being quashed by various high courts across the country due to compromise or settlement between the offender and the victim. Due to the fact that the victim would not assist the case after the compromise and would not provide any evidence, consuming the court's time. Running away from criminal culpability for a crime like rape because of a compromise would inspire others to follow that example. This compromise process gives the rape offender amnesty, and he may even force the victim to marry him. And the victim will be harassed for the rest of her life. Indirectly, such a liberal approach will create fertile ground for sexual violence. In India's criminal judicial system, the word "compromise" has become a new plague. In this article, the author investigates the decisions issued by various High Courts and their correct legal position. Furthermore, the author seeks to explain whether a compromised rape case has any benefits for the victim of rape if it is quashed by the High Court.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 1237 - 1244


Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (, which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.


Copyright © IJLMH 2021