The Allahabad High Court quashed a 2015 gang-rape case involving family members after both sides resolved the matter amicably. The Court said it was a private family issue and not one that affected society.
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UTTAR PRADESH: The Allahabad High Court cancelled a 2015 gang-rape case after it found that both the accused and the complainant had reached a mutual settlement, and the issue mainly came from family conflict and not a crime that affected society.
Justice Vinod Diwakar gave this decision after seeing that the complainant had filed the case against her own brother-in-law.
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The Court observed that the matter did not involve any larger threat to the public or social morals, but was an outcome of personal and family-related issues.
The Court said:
“Although the offence under Section 376(D) IPC is grave and non-compoundable in nature, involving allegations of gang rape, the peculiar facts and circumstances of the present case merit consideration. 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 High Court also clearly mentioned that the complainant agreed to the compromise freely, without any pressure or force.
It stated:
“In such circumstances, continuing the prosecution would not advance the cause of justice and would amount to an abuse of the process of law.”
Earlier in the hearing, the lawyer for the accused person said that both parties are close relatives, and the matter started from a family misunderstanding, which they have now peacefully resolved.
The complainant’s lawyer also confirmed that she had no objection to stopping the case.
After hearing both sides, the Court referred to previous legal standards and said that if a criminal case is mainly personal or private in nature, and if both sides have come to an agreement, the High Court can cancel the proceedings using its special powers.
The Court further added:
“Considering the exceptional facts of the case and in the larger interest of justice, this Court is of the considered view that no useful purpose would be served by continuing the criminal proceedings against the applicant, and doing so would only result in unnecessary prolongation of litigation and judicial time.”
Advocate Praveen Kumar appeared for the petitioner (accused),
and Advocate Vivek Sharma represented the complainant.
CASE TITLE:
Rakesh Alias Rakesh Kumar vs State of UP and Another
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