Complaint Was Given By Her Out Of Anger & Frustration: Andhra Pradesh HC Quashes Rape Case On Amicable Settlement
The Andhra Pradesh High Court has quashed the criminal proceedings registered against man for the offences under Sections 376, 417 of Indian Penal Code and Sections 3(v), 3(1)(r) of SC & ST Prevention of Atrocities Act, 1989 based on mutual compromise between parties.
The Court noted that the de facto-complainant stated that she is interested in withdrawing the complaint and compromising the matter. The Court further noted that the complaint was given by her out of anger and frustration and not on account of any real complaint against the accused.
“The de facto-complainant, upon being questioned stated that she is interested in withdrawing the complaint and compromising the matter as her basic grievance has been addressed and in any event the complaint was given by her out of anger and frustration and not on account of any real complaint against the accused.”, Justice R. Raghunandan Rao observed.
The Court noted that the Supreme Court in the case of K. Dhandapani v. State, had permitted compounding of offence under Section 376 of IPC and offence under the Protection of Children from Sexual Offences Act, 2012 under circumstances mentioned therein.
The Court also noted that the Karnataka High Court in Satish K and others v/s State of Karnataka & Anr had held that an offence under Section 376 IPC can be permitted to be compounded, in specific circumstances, including a situation where closure of such case would promote the family life of the complainant and the accused.
The Court observed that in this case the de facto-complainant/petitioner stated that she was in a relationship with the accused and was upset when the accused sought to marry another girl despite their relationship. On account of this frustration she had filed the above complaint.
The Court noted that issues have been settled amicably between them and they have decided to live their respective lives.
Thus the Court quashed the case against the accused.
Cause Title- Criminal Petition No. 105 Of 2023