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Supreme Court to High Courts: Ensure Victim's Presence Before Quashing Serious Offences

Writer's picture: Legal Soch FoundationLegal Soch Foundation
2 min read

Supreme Court: Verify Victim’s Presence Before Quashing Serious Offences Based on Settlement


The Supreme Court has emphasized the need for High Courts to exercise caution while quashing non-compoundable criminal cases based on settlements, particularly in serious offences, especially those against women. A Bench comprising Justices Abhay S. Oka and Augustine George Masih observed that High Courts must ensure settlements are genuine before proceeding with quashing petitions under Article 226 of the Constitution or Section 482 of the Cr.P.C.


In cases involving serious allegations, the Court advised procuring the victim's physical or virtual presence to confirm the authenticity of the settlement, even when supported by an affidavit. This approach ensures the victim has no unresolved grievances. The Bench stated, “The High Court must satisfy itself about the existence of a genuine settlement and, if convinced, determine whether quashing powers deserve to be exercised.”


The Supreme Court made these observations while hearing an appeal challenging a Gujarat High Court order quashing a criminal case based on an alleged settlement. The case involved accusations of repeated rape under Section 376(2)(n) IPC and offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.


The victim, an illiterate woman, denied any settlement. Her affidavit bore thumb impressions but lacked endorsements confirming the contents were explained to her. The Supreme Court noted that the High Court failed to verify the settlement's authenticity by interacting with the victim.


Remanding the matter, the Apex Court directed the High Court to summon the victim, allowing her to clarify her stance. The High Court was also authorized to order an inquiry into the affidavit’s execution. If a genuine settlement is found, the High Court may reconsider quashing the case under Section 482 of the Cr.P.C.


Case Title: XYZ v. State of Gujarat

Citation: 2024 LiveLaw (SC) 887


This judgment underscores the judiciary's responsibility to safeguard victims' interests, particularly in cases involving vulnerable individuals and serious offences.






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