-
by sayum
01 August 2026 5:47 AM
The Punjab and Haryana High Court, a POCSO Act offence, which is an unique statute, cannot be overturned on the grounds of an agreement or marriage between the accuser and the prosecutor.
High Court held that the POCSO Act or Section 376 of the IPC offences would not be lessened by the accused's future marriage to the prosecutrix/victim.
This Punjab and Haryana High Court comment gains weight in light of recent POCSO Act Case dismissals by other High Courts throughout the nation based on the victim and accused's compromise or marriage.
Sections 363, 376, and 366-A of the Indian Penal Code, 1860, as well as Section 4 of the 2012 Protection of Children from Sexual Offenses Act, were used to charge the accused, Nardeep Singh Cheema. He allegedly seduced a young girl and married her afterward.
He then filed the Quashing under Section 482 of the CrPC in an effort to overturn the FIR. Additionally, he included a deed with his plea that showed the little girl and her father, the complainant, had both signed affidavits that showed the parties had reached an agreement.
Furthermore, it was claimed that the married pair was residing together and that their recorded statements in favour of the settlement.
The victim was admittedly a kid when she was lured, and the state countered that she had been recovered from the accused petitioner's custody and that material on record demonstrates that the petitioner had sexually assaulted her.
Due to this, the Court dismissed the plea but refused to dismiss the case.
Navdeep Singh Cheema
vs
State of Punjab and others
[gview file="http://lawyer-e-news.com/wp-content/uploads/2022/09/nardeep-singh-cheema-navdeep-singh-cheema-v-state-of-punjab-and-others-crm-m-2270-2020-punjab-and-haryana-high-court-436751.pdf"]
