Allahabad High Court Quashes Proceedings Under POCSO Act Based on Victim’s Statement, Citing Compromise and Age Confirmation

In a significant ruling, the Allahabad High Court, headed by Hon’ble Arun Kumar Singh Deshwal, J., has quashed the proceedings under the Protection of Children from Sexual Offenses (POCSO) Act in a case where the victim’s statement and medical examination confirmed her age above 18 years. The court considered the compromise between the victim and the accused, highlighting that the offense under the POCSO Act is against society. The judgment, delivered on 6^th June 2023, sets a precedent by analyzing various factors and exercising inherent powers to ensure justice.

The court, in its detailed order, emphasized the importance of a holistic approach when dealing with cases of sexual offenses. It stated, “Though the High Court should not normally interfere with the criminal proceeding involving sexual offense against women and children only on the basis of ground of settlement, however, it is not completely foreclosed in exercising its extraordinary power u/s 482 Cr.P.C. to quash such proceeding.”

The case in question involved an application filed under Section 482 of the Criminal Procedure Code (Cr.P.C.) to quash a charge sheet, cognizance order, non-bailable warrant, and the entire proceedings of Case No. 294 of 2021. The applicant, Fakre Alam, argued that the victim, in her statement recorded under Section 164 of the Cr.P.C., had stated that she willingly married him and had been residing with him as his wife. Furthermore, a compromise had been reached between the parties.

Taking cognizance of the victim’s statement and the verification of the compromise, the court examined the age of the victim and the nature of the offense. It observed, “Section 2(1)(d) of POCSO Act clearly defines the child who is below the age of 18 years, but from the material available on record it appears that victim is above 18 years then no case under POCSO Act is made out.” The court also noted that the victim had explicitly stated that the applicant had not committed any sexual offense against her and that the charge sheet filed against him was incorrect.

Highlighting the role of the court in cases involving offenses against society, the court referred to precedents from the Allahabad High Court and the Supreme Court. It explained, “Offenses against society should not be quashed on the basis of compromise or weak evidence... However, in the case of Ramawatar vs. State of Madhya Pradesh, the Apex Court observed that the offense under special statute including SC/ST Act, though the offense is against society, can also be quashed in exercise of power u/s 482 Cr.P.C. in certain cases on the basis of compromise.”

The court’s decision to quash the proceedings was based on the lack of evidence supporting the offense under the POCSO Act, the victim’s statement confirming her consent, and the improper filing of the charge sheet. The judgment serves as a reminder that the court must consider various factors while exercising its inherent powers to ensure justice and fairness.

This ruling by the Allahabad High Court reinforces the need for a nuanced approach in cases involving sexual offenses, taking into account the facts and circumstances of each case, and the importance of upholding the rights of victims and the principles of justice.

Date of Decision: 6th June 2023

Fakre Alam @ Shozil VS State Of U.P. And 3 Others