[Rape] Kar HC addressed whether offence under S. 376 IPC can be compounded in case of settlement arrived between the parties

Karnataka High Court

Karnataka High Court: M Nagaprasanna, J., quashed the proceedings against the petitioners in Crime No.87 of 2022 of Byadarahalli Police Station pending before the Chief Judicial Magistrate, Bangalore Rural District, Bangalore.

The facts are that the respondent 2 is the complainant who filed made an FIR for the offence punishable under Section 376 of Penal Code, 1860 i.e. IPC against the petitioner 1/accused 1 and other offences. During the pendency of these proceedings, the parties to the lis entered into a settlement and have produced such settlement by way of an affidavit before the Court. A joint memo and an application under Section 483 read with Section 320 of Criminal Procedure Code i.e. CrPC were also filed before the Court seeking to compound the offences alleged.

Counsel for petitioners Mr Mohan Kumar D submitted that due to settlement arrived at between the parties, even in case of offence punishable under Section 376 IPC, the proceedings can be terminated.

Counsel for respondents Mr K S Abhijith and Raghavendra Gowda K. objects to quashing of proceedings against the petitioners on the ground of settlement arrived at between the parties since the offence punishable is one under Section 376 of IPC.

The Court relied on judgments as follows:

  1. The Karnataka High Court in V Prabhu v. State of Karnataka, Crl. P. No. 8754 of 2021 decided on 19-01-2022 it was observed “The allegation against the petitioner is that he had sexual intercourse with the respondent No.2 under the pretext of marrying her, therefore the complaint came to be filed. Subsequently, both decided to resile from each other and compounded the offence, therefore both of them filed joint application for closing the matter. In view of the submission of both the parties having compounded the offence and in view of the judgment of the Supreme Court in the case of Gian Singh Vs. State of Punjab , (2012) 10 SCC 303 wherein it is laid down where the parties have settled the dispute between them and the same is not affected to the public, the Court can quash the proceedings.”
  2. The Karnataka High Court in H S Chandan v State of Karnataka, Criminal Petition No. 1111 of 2022 c/w Criminal Petition 1116 of 2022 decided on 15-02-2022 it was observed “9. Therefore, in view of the settlement between the parties, the compromise filed by both the parties in both the case are accepted and permitted to compound their offences.”
  3. The Delhi High Court in Lalit Kumar Vats v. State of NCT of Delhi, 2020 SCC OnLine Del 1956 of Delhi quashed the proceedings in an allegation pertaining to Section 376 of IPC.

The Court noted that in the light of facts of the case, judgments rendered by the Supreme Court, this Court and that of Delhi High Court the complainant is said to have married and is leading her life with another man within the family itself and the accused being members of the same family, thus the Court held “I deem it appropriate to accept the application seeking compounding of offences aforesaid and terminate the proceedings against the petitioners.” [Sathish K v. State of Karnataka, 2022 SCC OnLine Kar 899, decided on 23-05-2022]


Arunima Bose, Editorial Assistant has reported this brief.

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