Home / Crime and Justice / Delhi Court: POCSO Cases Cannot Be Quashed by Compromise
Delhi Court: POCSO Cases Cannot Be Quashed by Compromise
24 Sep
Summary
- POCSO Act proceedings cannot be settled by compromise.
- Court dismissed a petition to quash an FIR based on settlement.
- Heinous offenses impact society and cannot be privately resolved.
The Delhi High Court has definitively stated that proceedings under the Protection of Children from Sexual Offences (POCSO) Act are not subject to compromise between the accused and the victim or their family. This ruling was made by Justice Sachin Datta.
Justice Datta dismissed a petition that sought to quash an FIR and related legal actions, which was based on an alleged settlement reached with the child victim through her family's intervention. The court noted the serious nature of the allegations.
The offenses involved aggravated penetrative sexual assault by an individual in a position of trust. The court deemed such acts heinous, stressing their profound societal impact and reliance on a Supreme Court precedent.
This precedent clarifies that while high courts can quash proceedings in settled disputes, this power must consider the offense's gravity. Heinous crimes like rape cannot be dismissed solely due to settlements, as they affect society at large.
Therefore, the Delhi High Court concluded that POCSO Act offenses cannot be compromised by the child victim or their family. Quashing these proceedings based on a settlement would undermine the law's purpose and obstruct justice.
