The Delhi High Court has ruled that proceedings under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed merely because the child victim or the victim’s family has reached a settlement with the accused.
Justice Sachin Datta made the observation while dismissing a petition seeking to quash an FIR and related criminal proceedings on the grounds of an alleged settlement reached with the victim with the involvement of her family, news agency ANI reported.
The court noted that the case involved allegations of aggravated penetrative sexual assault against a child by a person who was allegedly in a position of trust or authority.
The high court observed that offences of this nature are grave and have wider implications for society.
In reaching its decision, the court relied on a Supreme Court ruling which held that high courts have inherent powers to quash criminal proceedings in appropriate cases where parties have resolved their dispute. However, the Supreme Court has also made clear that such powers must be exercised after taking into account the nature and seriousness of the alleged offence.
The Supreme Court has previously held that serious and heinous offences, including rape, ordinarily should not be quashed solely because the victim or the victim’s family and the accused have entered into a settlement.
Such offences, the Supreme Court has observed, are not purely private disputes and can have broader consequences for society.
Applying these principles, the Delhi High Court held that proceedings involving offences under the POCSO Act cannot be brought to an end simply on the basis of a compromise between the child victim or the victim’s family and the accused.
The court said that quashing the proceedings at this stage on the basis of a settlement would undermine the purpose of the POCSO legislation and would not serve the interests of justice.
