Compromise Cannot Be a Ground for Quashing Serious Offences Like Rape under POCSO Act: Allahabad HC
The Allahabad High Court, in a significant ruling, has clarified that compromise between the victim and the accused cannot be a basis for quashing serious offences such as rape, especially under the Protection of Children from Sexual Offenses (POCSO) Act. The judgment emphasizes the non-compoundable nature of such offences, even in cases where a settlement is reached post the alleged commission of the crime.
Facts and Issues: The case (Application U/S 482 No. – 9169 of 2024) involved an application for quashing of criminal proceedings under Section 482 of the Cr.P.C., concerning offences under Sections 376, 313 IPC and 3, 4 of the POCSO Act. The applicant, Sanjeev Kumar, sought to quash the cognizance order and charge sheet on the ground that a compromise was reached with the victim post the lodging of FIR and summoning by the trial court.
Detailed Court Assessment:
Heinous and Serious Offences: The Court observed that offences like rape have a profound impact on society and are not private in nature. As per Supreme Court precedents, such offences, especially under special statutes like POCSO, should not be quashed merely on the basis of compromise.
Age and Consent of Victim: In cases under the POCSO Act, the age and consent of the victim are immaterial. The Court highlighted that the victim being a minor, her consent at the time of the alleged incident or for compromise does not hold legal significance.
Special Statute Consideration: The Court stressed that the POCSO Act is a special statute, and offences under it are not subject to quashing based on compromise. The sanctity and objective of the Act in protecting children from sexual offences cannot be undermined.
Timing of Settlement: The Court noted the importance of the timing of the settlement. It held that compromise reached at an advanced stage of prosecution, where evidence is nearly complete or a conviction is recorded, cannot be a ground for quashing the proceedings.
Public Interest and Justice: Upholding the principles of justice, the Court mentioned that quashing such serious offences merely on compromise would be against public interest and the dignity of victims.
Decision: The Allahabad High Court dismissed the application, holding that the nature of the offences and the special provisions of the POCSO Act do not allow for quashing of proceedings based on a compromise.
Date of Decision: 2nd April 2024.
Sanjeev Kumar Vs. State Of U.P. And 3 Others
