The Gauhati High Court held that serious allegations and victim’s statements cannot be ignored even if families settle the matter.
Does a man get any real relief once such allegations are recorded, even if the complainant later withdraws?
Forced Sex In Love Relation Still Crime: In a recent Judgment, Justice Pranjal Das of the Gauhati High Court refused to quash a criminal case involving rape and POCSO charges, even though both sides had settled the matter and were planning marriage. The case shows how a man can still be made to face trial even after the dispute is resolved at a personal level.
The case started with an FIR alleging that the accused entered the house and committed rape on a minor girl. Later, both families entered into a compromise and claimed that the allegations were made under external pressure and that no such incident actually happened.
The father of the girl supported the compromise and stated that the case was influenced and that nothing had happened, and he also said he had no objection if the case was closed.
However, the prosecution opposed the plea and highlighted that the girl had consistently alleged rape during the entire investigation, which weighed heavily against the accused.
The Court focused more on the facts of the case rather than the compromise. It clearly refused to accept the argument that a relationship or future marriage can dilute serious criminal allegations.
The Court Said:
“Even if a man and a woman are in a relationship; that would certainly not give a license to the man to commit rape upon the girl.”
It further reinforced that consent is central and cannot be assumed from a relationship:
“Though marital rape is still not criminalized in the country, but even in a premarital love relationship between a man and a woman; committing forceful physical relationship upon her against her wish would still be a criminal act.”
The Court also gave weight to the fact that the girl was a minor at the time of the alleged incident, which legally makes the matter far more serious, regardless of later developments like compromise or proposed marriage.
What becomes clear from this case is that once an allegation of this nature is recorded and supported by statements during investigation, the system gives very little space to the accused, even if the complainant side later retracts or settles.
The man remains exposed to full criminal prosecution, and personal settlement carries almost no practical value in such situations.
In the end, the Court refused to quash the proceedings and dismissed the petition, meaning the accused will have to face full trial.
This case reflects that once such allegations enter the system, even a later change in stance by the complainant side may not protect the man from prolonged legal consequences, leaving him with limited remedies and a long trial ahead.
Explanatory Table: Laws & Sections Involved
| Law / Section | Purpose | How Applied In This Case |
| Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 528 | Power of High Court to quash criminal proceedings | Used by accused to seek quashing of FIR and charges |
| Bharatiya Nyaya Sanhita (BNS) – Section 64 | Punishment for rape | Core allegation against accused |
| Bharatiya Nyaya Sanhita (BNS) – Section 329(4) | Related to house trespass/entry for offence | Allegation of entering victim’s house |
| Bharatiya Nyaya Sanhita (BNS) – Section 351(2) | Criminal intimidation | Threat allegation after incident |
| POCSO Act – Section 4 | Punishment for penetrative sexual assault on minor | Applied because victim was minor at time of incident |
| CrPC – Section 482 | Inherent powers of High Court | Legal basis discussed for quashing |
| CrPC – Section 320 | Compounding of offences | Distinguished from quashing power |
Case Details
- Case Title: XYZ vs The State of Assam & Anr.
- Court: Gauhati High Court
- Case Number: Crl. Pet. No. 1608/2025
- Bench: Justice Pranjal Das
- Neutral Citation: 2026:GAU-AS:4316
- Date of Judgment: Reserved on 19.03.2026 (pronounced thereafter)
- Counsels:
- For Petitioner: Mr. N. J. Dutta, Mr. Y. Ali, and Mr. A. K. Ahmed
- For Respondent (State): Mr. M. P. Goswami (Additional Public Prosecutor)
- For Informant: Mr. S. Islam and Mr. S. Rahman
Key Takeaways
- Once a serious allegation like rape is recorded, later compromise or settlement has almost no practical value for the accused man.
- Even if both families agree and marriage is planned, the legal system continues prosecution without considering ground realities.
- A man’s position becomes extremely vulnerable as early statements of the complainant outweigh later retractions.
- Relationship or consent arguments are strictly scrutinized, leaving little room for defence once allegations are framed.
- The system prioritizes the nature of offence over fairness to the accused, forcing men into long trials with limited relief options.
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