Kerala High Court refuses to quash rape case against priest despite settlement with survivor

Kerala High Court refuses to quash rape case against priest despite settlement with survivor

The Court opined the arraignment charges against the cleric, Father Babu Varghese, were well made out prima facie. The Kerala high Court as of late denied to subdue the procedures in a assault case against a cleric in any case of the settlement between him and the survivor [Fr. Babu Varghese v. State of Kerala & Anr.]. Justice A Badharudeen said that indeed in spite of the fact that the high Court is engaged to work out its locale beneath Segment 482 of the Code of Criminal Method (CrPC) to subdue procedures indeed in non-compoundable cases such as assault, it should to consider whether the offense is shocking or has an affect over the society. "In cases of genuine nature which influences the society at expansive, this Court ought to not work out its purview beneath Segment 482 CrPC for suppress the procedures on the premise of compromise executed between the parties," the Court made it clear. In this case, the Court opined that the arraignment charges against the cleric, Father Babu Varghese, were prima facie well made out. Therefore, it considered it inappropriate to subdue the procedures against him just since the matter had been settled with the survivor. The affirmation against Fr. Varghese was that he attempted to mediate in conjugal debate between the survivor and her spouse to settle the same, but in reality made it worse. Subsequently, he purportedly mightily entered the house of the survivor and assaulted her He was, hence, booked for committing offenses culpable beneath Segments 450 (house-trespass to commit an offense that can be rebuffed with life detainment) and 376 (assault) of the Indian Corrective Code (IPC). Fr. Varghese moved the Tall Court to subdue the procedures against him contending that the charges are wrong and that he had arrived at a settlement with the survivor However, the Court said that a case of this nature cannot be suppressed only on the ground of settlement and, hence, rejected the appeal.

Find Lawyers In Your City

Connect with Best Lawyers at your location