In a significant ruling, the Kerala High Court has refused to dismiss the rape case against Father Babu Varghese, despite a settlement reached with the survivor. The court’s decision underscores its stance on handling serious criminal allegations, even when a compromise is involved.
Justice A Badharudeen emphasized that while the High Court has the authority to quash proceedings under Section 482 of the Code of Criminal Procedure (CrPC), such authority should be exercised cautiously in cases of grave nature. The court noted that societal impact and the severity of the offense are crucial factors in deciding whether to dismiss a case.
The allegations against Father Varghese include forceful entry into the survivor’s home and committing rape, amid attempts to mediate in marital disputes. The priest was charged under Sections 450 and 376 of the Indian Penal Code (IPC).
Despite the settlement with the survivor, the court found the prosecution’s allegations against Father Varghese to be prima facie credible, making it inappropriate to quash the proceedings solely based on the settlement.
Representatives for Father Varghese argued for the case’s dismissal, claiming the allegations were false and that a resolution had been reached with the survivor. However, the court dismissed this plea, reinforcing its stance that serious criminal cases must be addressed thoroughly, irrespective of out-of-court settlements.
