The Single Judge Bench of the Andhra Pradesh High Court, comprising Justice R. Raghunandan Rao has allowed the de factocomplainant/petitioner and Accused to settle the case amicably and quashed the case of Section 376 which was filed against the petitioner.
Reasoning and Decision of the Court
The Court perused the application filed by the de facto-complainant. The Court ponder on the Question to whether the offence under Section 376 of Indian Penal Code can be permitted to be compounded under the provisions of Section of 482 of Cr.P.C. The Court looked into the precedent ruled by the Supreme Court in the Gyan Singh’s case, that an offence under Section 376 of IPC ought not to be compromised or compounded.
However, the judgment of the Hon’ble Supreme Court in K.Dhandapani’s case, shows that the Hon’ble Supreme Court in the said circumstances mentioned therein had permitted the compounding of an offence under Section 376 of IPC as well as offence under the Protection of Children from Sexual Offences Act, 2012.
The Court then questioned the de facto-complainant and she 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.”
Therefore the Court allowed the Criminal Petition and allowed both the parties to settle the case amicably.
Case Details
Case:- CRIMINAL PETITION No.105 of 2023
Judge: Justice R. Raghunandan Rao
Social media is bold.
Social media is young.
Social media raises questions.
Social media is not satisfied with an answer.
Social media looks at the big picture.
Social media is interested in every detail.
social media is curious.
Social media is free.
Social media is irreplaceable.
But never irrelevant.
Social media is you.
(With input from news agency language)
If you like this story, share it with a friend! We are a non-profit organization. Help us financially to keep our journalism free from government and corporate pressure.
0 Comments