New Delhi [India], September 24 : The Delhi High Court has held that proceedings relating to offences under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed based on a compromise between the child victim or the victim’s family and the accused.
Justice Sachin Datta observed while dismissing a petition seeking the quashing of an FIR and the proceedings arising from it based on a settlement stated to have been reached with the victim with the intervention of her family.
The court noted that the case involved allegations of aggravated penetrative sexual assault upon a child by a person allegedly in a position of trust or authority. It observed that such offences are heinous and have a serious impact on society.
The court relied on the Supreme Court’s judgment, which held that although the High Court has inherent powers to quash criminal proceedings in appropriate cases where parties have settled their dispute, such power has to be exercised having regard to the nature and gravity of the offence.
The Supreme Court had specifically held that heinous and serious offences, including rape, cannot ordinarily be quashed merely because the victim or the victim’s family and the accused have settled the dispute, as such offences are not private in nature and have a serious impact on society.
Applying the principle, the Delhi High Court held that the child victim or the victim’s family cannot compromise an offence under the POCSO Act. It said that quashing the proceedings at this stage based on a compromise would defeat the object of the statute as well as the ends of justice.
The court accordingly dismissed the petition. At the same time, the court clarified that its order should not be construed as an expression of opinion on the merits of the case, which would be decided by the trial court on the basis of evidence.