Rakesh Alias Rakesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Rakesh Alias Rakesh Kumar Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 17.05.2015, the cognizance order dated 13.08.2015 and the entire proceedings of Sessions Trial No. 244 of 2016 (State v. Rakesh) arising out of Case Crime No. 109-C of 2015 under Sections 452, 376(D) and 506 IPC, Police Station Didauli, District Amroha.

Issue for consideration

Whether the charge sheet dated 17.05.2015, the cognizance order dated 13.08.2015 and the entire proceedings of Sessions Trial No. 244 of 2016 (State v. Rakesh) arising out of Case Crime No. 109-C of 2015 under Sections 452, 376(D) and 506 IPC should be quashed under Section 482 Cr.P.C. on the ground of a compromise between the parties, notwithstanding that the offence under Section 376(D) IPC is grave and non-compoundable.

Court's answer

In appropriate cases where the dispute is essentially of a private and personal nature, the High Court may exercise its inherent powers under Section 482 Cr.P.C. to quash criminal proceedings, particularly where the parties have amicably settled the matter (relying on Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab).

Ratio / Principle

Although the offence under Section 376(D) IPC is grave and non-compoundable, the peculiar facts of this case — the victim being a close family member ('Bhabhi') of the applicant, the genesis of the dispute being intra-family discord rather than an act impacting society at large, and the victim having consciously, willingly and without coercion entered into the compromise — led the Court to hold that continuing the prosecution would not advance the cause of justice and would amount to an abuse of the process of law.

Key takeaways

The application is allowed: the charge sheet dated 17.05.2015, the cognizance order dated 13.08.2015 and the entire proceedings of Sessions Trial No. 244 of 2016 (State v. Rakesh) arising out of Case Crime No. 109-C of 2015 under Sections 452, 376(D) and 506 IPC, Police Station Didauli, District Amroha, pending before the Additional Sessions Judge/Fast Track Court-I, Amroha, are quashed.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.; Order dated 27.5.2025; Neutral Citation 2025:AHC:90696) — Application U/S 528 BNSS No. 17802 of 2025 (described in the body as an application under Section 482 Cr.P.C.), Rakesh alias Rakesh Kumar v. State of U.P. and Another: The High Court quashed the charge sheet dated 17.05.2015, the cognizance order dated 13.08.2015 and the entire proceedings of Sessions Trial No. 244 of 2016 (State v. Rakesh) arising out of Case Crime No. 109-C of 2015 under Sections 452, 376(D) and 506 IPC, Police Station Didauli, District Amroha, pending before the Additional Sessions Judge/Fast Track Court-I, Amroha, on the ground of a compromise between the applicant and the victim (his 'Bhabhi'). Held that although the offence under Section 376(D) IPC is grave and non-compoundable, the victim had consciously, willingly and without coercion entered into the compromise, the genesis of the dispute was intra-family discord rather than an act impacting society at large, and continuance of prosecution would amount to an abuse of the process of law. Relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303 and Narinder Singh v. State of Punjab, (2014) 6 SCC 466. Both counsel for the applicant and counsel for the complainant supported the quashing.