Sexual offences involving children can’t be nullified based on compromise: Delhi High Court refuses to quash FIR in POCSO Case

The court said that such acts cannot be legitimised or condoned by exercise of high court’s inherent jurisdiction under Section 528 (powers to quash FIR) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The accused moved the high court to get the FIR under POCSO quashed on the basis of settlement between the parties.

The accused moved the high court to get the FIR quashed on the basis of settlement between the parties.

The Delhi High Court recently said that sexual offences involving children cannot be nullified merely on the basis of settlements between the parties and dismissed the plea seeking quashing of FIR in a Protection of Children from Sexual Offences Act (POCSO) case.

Justice Amit Mahajan noted that such offences cannot be extinguished only at the convenience of the parties or because the victim subsequently decided to marry the culprit.

“Offences of the nature alleged particularly those involving sexual offences involving children cannot be nullified merely on the basis of settlements between the parties…Any such compromise or marriage does not ipso facto efface the gravity of the offence or wipe out the seriousness of the allegations,” the court noted.

Case

An FIR was registered against the accused under Section 376 (Rape) of the IPC and Section 6 (aggravated penetrative sexual assault) of the POCSO Act after the minor gave birth to a child.

The accused, who submitted that he and the survivor had married, moved the high court to get the FIR quashed on the basis of settlement between the parties.

While the court expressed sympathy, it said that such acts cannot be legitimised or condoned by exercise of high court’s inherent jurisdiction under Section 528 (powers to quash FIR) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

“While this Court is sympathetic to the plight of the parties, in the opinion of this Court, such acts cannot be legitimised or condoned by exercise of inherent jurisdiction of the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,” it said.

Ashish Shaji

Ashish Shaji is working as the Senior Sub-Editor at the Indian Express. He specializes in legal news, with a keen focus on developments from the courts. A law graduate, Ashish brings a strong legal background to his reporting, offering readers in-depth coverage and analysis of key legal issues and judicial decisions. In the past Ashish has contributed his valuable expertise with organisations like Lawsikho, Verdictum and Enterslice. ... Read More