Andhra Pradesh High Court Quashes Rape Case, Allows Compromise Between Accused & Victim

The Court passed this order after the de facto complainant/victim submitted before her that she had filed the complaint (under Sections 376, 417 of IPC and Sections 3(v), 3(1)(r) of SC & Act) before the police as she was upset when the accused sought to marry another girl despite their relationship.

However, she further submitted that since the issues have been settled amicably between them and they have decided to live their respective lives, therefore, she be allowed to compromise the matter with the accused.

Against this backdrop, the bench of Justice R. Raghunandan Rao, at the outset noted that though an offence under Section 376 of IPC ought not to be compromised or compounded.

The Court further noted that the Supreme Court, however, in the Case of K Dhandapani vs State 2022 LiveLaw (SC) 477, permitted the compounding of an offence under Section 376 of IPC as well as an offence under POCSO Act.

The High Court also took into account the Karnataka High Court’s ruling in the case of Sathish K and others v State of Karnataka 2022 LiveLaw (Kar) 178, wherein it was held that an offence under Section 376 IPC can be permitted to be compounded, in specific circumstances, including a situation where the closure of such case would promote the family life of the complainant and the accused.

Against this backdrop, noting the stand of the victim that she is interested in withdrawing the complaint and compromising the matter as her basic grievance has been addressed, the Court allowed the compromise and quashed the case/complaint before the Gajuwaka Police Staion, Visakhapatnam District.

Case title - Gokada Suresh vs The State Of Andhra Pradesh [CRIMINAL PETITION No.105 of 2023]

Case Citation: 2023 LiveLaw (AP) 4

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