3 min readNew DelhiUpdated: Oct 27, 2025 10:22 PM IST
The court has further underlined that cases of aggravated sexual assault are crimes against the society at large and not amenable to private settlements. (File Photo)
Refusing to quash a case of alleged child marriage and sexual assault of a minor under the Protection of Children from Sexual Offences (POCSO) Act, the Delhi High Court has emphasised that “compromise cannot be a passport out of a sexual offence”.
The court has further underlined that cases of aggravated sexual assault are crimes against the society at large and not amenable to private settlements.
The incident dates back to 2016, when a 15-year old girl purportedly ran away with a man. After police traced the duo’s whereabouts, the man had produced a marriage certificate — even as the girl was found to be a minor.
In her statement under CrPC Section 164, the girl claimed that she had voluntarily married the man and had consensual physical relations. Despite her claim, due to her age, IPC sections 376 (rape) and 366 (kidnapping), along with sections 4 and 6 (sexual assault) of the POCSO Act, and Section 10 of the Prevention of Child Marriage Act (PCMA), were added in the FIR against the man.
The accused man had moved the Delhi HC seeking quashing of the FIR on the ground that the two had arrived at a mutual agreement, and had married consensually after the girl disclosed that she was of legally marriageable age.
The prosecution, on the other hand, objected to the quashing of the FIR. It had submitted that any purported “consent” is irrelevant under the POCSO Act. It also said the girl deposed in court, supporting the prosecution’s case, and stated that she was subjected to sexual assault by the man.
Justice Sanjeev Narula, in the October 10, order noted that when penetrative sexual assault results in pregnancy, “the law deems it aggravated penetrative sexual assault” and “marriage or cohabitation at a later stage does not erase the offence”.
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The judge recorded, “The Court’s approach has been forthright: compromise cannot be a passport out of a sexual offence… Rape is a non-compoundable offence, being an offence against society at large, and is not a matter that can be left to the discretion of the parties to compromise or settle.”
“… the PCMA criminalises child marriages… Whatever the civil status of the marriage (void or voidable in terms of the statute), the conduct remains penal where the bride is a child. To quash a case of child marriage and sexual offences on the plea of settlement would, in effect, grant judicial imprimatur to unlawful conduct that the Parliament has explicitly sought to deter.”
Dismissing the petition, the court reasoned, “On a prima facie consideration of the material placed by the prosecution, it appears that the victim was a minor at the relevant time and, upon recovery, was found to be pregnant. The medical findings, therefore, prima facie indicate penetrative sexual intercourse. In these circumstances, a subsequent compromise or mutual agreement between the parties, whereby the victim now expresses a wish to amicably resolve the matter, cannot obscure the nature of the offence alleged or dilute its gravity. Such offences are crimes against society at large, and not merely against an individual, and are therefore not amenable to private settlements.”
Sohini Ghosh is a Senior Correspondent at The Indian Express. Previously based in Ahmedabad covering Gujarat, she recently moved to the New Delhi bureau, where she primarily covers legal developments at the Delhi High Court
Professional Profile
Background: An alumna of the Asian College of Journalism (ACJ), she previously worked with ET NOW before joining The Indian Express.
Core Beats: Her reporting is currently centered on the Delhi High Court, with a focus on high-profile constitutional disputes, disputes over intellectual property, criminal and civil cases, issues of human rights and regulatory law (especially in the areas of technology and healthcare).
Earlier Specialty: In Gujarat, she was known for her rigorous coverage in the beats of crime, law and policy, and social justice issues, including the 2002 riot cases, 2008 serial bomb blast case, 2016 flogging of Dalits in Una, among others.
She has extensively covered health in the state, including being part of the team that revealed the segregation of wards at the state’s largest government hospital on lines of faith in April 2020.
With Ahmedabad being a UNESCO heritage city, she has widely covered urban development and heritage issues, including the redevelopment of the Sabarmati Ashram
Recent Notable Articles (Late 2025)
Her recent reporting from the Delhi High Court covers major political, constitutional, corporate, and public-interest legal battles:
High-Profile Case Coverage
She has extensively covered the various legal battles - including for compensation under the aegis of North East Delhi Riots Claims Commission - pertaining to the 2020 northeast Delhi riots, as well as 1984 anti-Sikh riots.
She has also led coverage at the intersection of technology and governance, and its impact on the citizenry, from, and beyond courtrooms — such as the government’s stakeholder consultations for framing AI-Deepfake policy.
Signature Style
Sohini is recognized for her sustained reporting from courtrooms and beyond. She specialises in breaking down dense legal arguments to make legalese accessible for readers. Her transition from Gujarat to Delhi has seen her expand her coverage on regulatory, corporate and intellectual property law, while maintaining a strong commitment to human rights and lacuna in the criminal justice system.
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