Andhra Pradesh High Court: Quashed Rape Case, Allowed Compromise Between Accused & Victim

The Andhra Pradesh High Court in the case Gokada Suresh vs The State Of Andhra Pradesh observed and quashed a rape case or complaint filed by a woman against the accused and she is being allowed to compromise the matter with him. However, the court passed the said order after the de facto complainant/victim submitted before her that she had filed the complaint (under Section 376, Section 417 of the Indian Penal Code, 1860 and Section 3(v), Section 3(1)(r) of SC & Act) before the police as she was being upset when the accused sought to marry another girl despite of their relationship. Further, it has been submitted by her that since the issues have been settled amicably between them and it has been decided by them to live their respective lives, therefore, she is also been allowed to compromise the matter with the accused. The bench headed by Justice R. Raghunandan Rao observed and has noted that though an offence under Section 376 of Indian Penal Code, 1860 ought not to be compromised or compounded. Further, it has been noted by the court that the Supreme Court, in the case K Dhandapani vs State, wherein the court has permitted the compounding of an offence under Section 376 of IPC as well as an offence under the Protection Of Children From Sexual Offences Act, 2012. However, the High Court also took into account the ruling of Karnataka High Court in the case of Sathish K and others v State of Karnataka, wherein the court held that an offence under Section 376 IPC can be permitted to be compounded, in specific circumstances, which includes a situation where the closure of such case would promote the family life of the complainant and the accused. The court noted that the stand of the victim is that she is interested in withdrawing the complaint and compromising the matter as her basic grievance which has been addressed. Accordingly, the court allowed the compromise and quashed the case or complaint before the Gajuwaka Police Staion, Visakhapatnam District.