YASHWANT VARMA,J. - (1.) Heard learned counsel for the applicant and Mr. Praveen Srivastava, who has appeared for the opposite party No. 2.
(2.) Both the learned counsels have contended that the dispute inter parties which had led to the registration of the case in question, has been compromised and that they are desirous of settling the entire matter. It however bears note that the allegations levelled against the applicant is of commission of offences under Sections 377, 504 and 506 I.P.C. read with Sections 3/4 of the POCSO Act. The allegations which evidence the commission of offences under Section 377 as well as the POCSO Act are evidenced from the statement of the victim recorded under Sections 161 read with 164 Cr.P.C. In the affidavit filed by the opposite party no. 2 there is no denial of the allegations levelled against the applicants. A mere bald assertion has been made that the parties have settled their disputes.
(3.) The issue as to whether allegations of rape can be quashed by the Court in exercise of its inherent powers was considered by the Supreme Court in Deepak Gulati v. State of Haryana (2013) 7 SCC 675 . The observations made therein read thus: "20. Rape is the most morally and physically reprehensible crime in a society, as it is an assault on the body, mind and privacy of the victim. While a murderer destroys the physical frame of the victim, a rapist degrades and defiles the soul of a helpless female. Rape reduces a woman to an animal, as it shakes the very core of her life. By no means can a rape victim be called an accomplice. Rape leaves a permanent scar on the life of the victim, and therefore a rape victim is placed on a higher pedestal than an injured witness. Rape is a crime against the entire society and violates the human rights of the victim. Being the most hated crime, rape tantamounts to a serious blow to the supreme honour of a woman, and offends both, her esteem and dignity. It causes psychological and physical harm to the victim, leaving upon her indelible marks." (emphasis supplied);