Gujarat High Court refuses to quash FIR against man accused of raping daughter

Taking a stern view, the Gujarat High Court has refused to quash an FIR filed against a man for allegedly raping his minor daughter, a student of class XII, who was residing with him due to a matrimonial dispute between her parents.

The court refused any relief to the man despite the fact that he had successfully 'coerced' his daughter to file an affidavit stating that they had arrived at a "compromise" and the FIR be quashed. Instead, the court imposed a fine of Rs 10,000 on the man and did not even allow his advocate to withdraw the petition, when the latter sensed that the court was not going to rule in his client's favour.

As per the case details, an FIR against the man was registered in Meghaninagar police station for rape under Indian Penal Code and under various sections of Protection of Children from Sexual Offences Act. The father moved the HC against the same citing that a compromise had been entered with the victim who had consented for quashing of FIR. However, the court held that the victim was a minor and is not competent to give consent for quashing. The court had then posted the matter after two months as the girl was supposed to attain the age of majority by then.

When the case was recently taken up, the court questioned the victim's mother who stated that she was compelled to go for a compromise as she has two young daughters and no one to look after the family. It was also pointed out that the victim, who was studying in class XII, has no financial support.

The court held that the allegations against the father are quite serious. "He is alleged to have exploited his own daughter, who was in a vulnerable position, since at a very tender age she is said to be under the protection of father due to matrimonial disputes between both parties," the court said. It directed the investigation officer to ensure protection for the victim and guide her so that she could get the compensation which would help her in further studies.

ALSO FINED 10K

The high court also imposed a fine of Rs 10,000 on the father as it rejected his plea. During the hearing, the girl’s mother told the court that their daughter had been compelled to go for a compromise.