The Delhi High Court has reiterated that criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, 2012 cannot be quashed solely on the basis of a compromise reached between the accused and the child victim or her family.
Justice Sachin Datta made the observation while refusing to quash an FIR registered against a 49-year-old accused facing charges under Sections 376 and 506 of the Indian Penal Code and Section 6 of the POCSO Act. The accused had approached the Court seeking quashing of the FIR on the ground that a settlement had been reached with the victim and her family.
The Court observed that offences under the POCSO Act are not private disputes between individuals but crimes that have a serious impact on society. Therefore, such offences cannot ordinarily be settled through compromise or mutual understanding between the parties.
While considering the petition, the Court noted that the inherent powers of the High Court to quash criminal proceedings must be exercised sparingly and only in exceptional circumstances. In cases involving grave offences such as sexual offences against children, the public interest in prosecution outweighs any private settlement reached between the parties.
The Court emphasized that the legislative intent behind the POCSO Act is to provide robust protection to children from sexual offences. Permitting settlements in such cases would undermine the purpose of the statute and dilute the protection guaranteed to child victims.
Accordingly, the Delhi High Court dismissed the plea for quashing and allowed the criminal proceedings to continue in accordance with law.
The ruling reinforces the principle that serious offences against children cannot be converted into private disputes through compromise and highlights the judiciary's commitment to safeguarding child rights under the POCSO framework.