The offence of rape can be permitted to be compounded to promote of family life of complainant and accused: Andhra Pradesh High Court

The Andhra Pradesh High Court issued an order on 4th January, 2023 in which it held that the offence under sec 376 of IPC can be compounded to promote the family life of complainant and accused. This was held in the case of Gokada Suresh v. State of Andhra Pradesh (CRIMINAL PETITION No.105 of 2023). This case was presided over by Honorable Mr. Justice R. RAGHUNANDAN RAO.


The petitioner was accused of offences under Sections 376, 417 of Indian Penal Code (IPC) and Sections 3(v), 3(1)(r) of SC & ST Prevention of Atrocities Act, 1989. The petitioner moved to this Court to quash the said complaint. During the pending of disposal of the petition, the complainant filed I.A.1 of 2023 to permit her to compromise the case with the accused/petitioner. The issue in this case whether the offence sec 376 of IPC can be compounded.


The Court observed the Supreme Court judgment in K Dhandapani Vs. State, in which the Court held that the offence under sec 376 can be compounded in special circumstances where such disposal promote the family life of the complainant and the accused. In the present case, the complainant in I.A.1 of 2023 states that she filed the complaint out of frustration as the accused sought out to marry another girl despite their relationship. They settled matters amicably and are ready to move in with their respective lives. Upon questioning before the Court, she stated that her basic grievance is resolved and want withdraw the complaint which she filed out of frustration and not out of real complaint. The criminal petition is allowed.    

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