‘Intra-Family Discord’: Allahabad HC Quashes Gangrape Case Citing Amicable Settlement

Last Updated:June 11, 2025, 15:34 IST

Court noted that the accused and the victim were close relatives, and the victim had voluntarily entered into a compromise without coercion.

Allahabad HC | Representative Image

The Allahabad High Court recently quashed a gang-rape case registered against a man accused of assaulting his sister-in-law, citing an amicable settlement between the parties.

A complaint was filed in 2015 at Didauli Police Station in Amroha district, wherein Rakesh alias Rakesh Kumar was booked under Sections 452, 376(D), and 506 of the Indian Penal Code—charges relating to house trespass, gang rape, and criminal intimidation.

The complainant, who is the accused’s bhabhi (sister-in-law), later approached the court supporting an application under Section 482 CrPC to quash the case, stating that the dispute originated from family discord and had been resolved through mutual understanding. A joint affidavit recording the compromise was submitted.

The bench of Justice Vinod Diwakar noted that although allegations under Section 376(D) were of a grave and non-compoundable nature, the circumstances of the case did not warrant the continuation of prosecution. Court observed that the relationship between the accused and the victim, as well as the voluntary nature of the compromise, made it an exceptional matter warranting judicial intervention.

“The victim has consciously, willingly, and without any coercion entered into the compromise. In such circumstances, continuing the prosecution would not advance the cause of justice and would amount to an abuse of the process of law," the court held.

Importantly, the judgment cited precedents laid down by the Supreme Court in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, wherein courts were permitted to quash proceedings of personal nature to prevent undue hardship and protracted litigation.

While underscoring that justice should serve both individual and societal interests, the court took the view that no useful purpose would be served by allowing the trial to continue.

“The victim is close family members of the applicant, and the genesis of the dispute appears to be an intra-family discord rather than a criminal act impacting society at large and public morality," the judge observed.

The court thus quashed the chargesheet dated May 17, 2015, the cognizance order of August 13, 2015, and all proceedings in the 2016 sessional trial pending before the Fast Track Court-I, Amroha.

Salil Tiwari

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...Read More

Salil Tiwari, Senior Special Correspondent at Lawbeat, reports on the Allahabad High Court and courts in Uttar Pradesh, however, she also writes on important cases of national importance and public interests fr...

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