Bombay HC asks public prosecutor to verify if rape victims received compensation before complaints were quashed

The Bombay High Court suggested to the Public Prosecutor office to create a mechanism to verify whether rape victims received compensation under the government scheme and come to quash their complaints after that, claiming amicable settlement on different grounds with the accused.

A division bench of Justice Abhay Oka and Justice Anuja Prabhudessai said, “We have come across several cases where victims have consented for quashing of the case lodged under section 376 (rape) of Indian Penal Code. If they have been given the compensation, it will amount to unjust enrichment.”

The bench also said that the grounds of consent made out for amicable settlement have been several, among them being the accused and the victim getting married, she has married outside and does not want her family to maternal family to know, etc. “It is said that state does not have funds to give compensation under the scheme, deserving persons shouldn’t miss out,” the bench said.

Rape victims are granted upto Rs 3 lakh compensation under the Manodhariya scheme.