LI Network
Published on: December 14, 2023 at 00:25 IST
The Himachal Pradesh High Court has ruled that Protection of Children from Sexual Offences Act (POCSO) cases can be quashed if a genuine compromise is reached between the victim and the accused, leading to a happy married life.
Justices Tarlok Singh Chauhan and Satyen Vaidya, responding to a reference, clarified that such cases could be disposed of under Section 482 CrPC.
The case involved a man accused under POCSO, but the victim, now his wife, and her family had reconciled, leading to a peaceful resolution.
The court emphasized that continuing prosecution in such cases, where the victim is leading a happy married life, could disrupt familial harmony.
The Single Judge’s earlier decision had held the compromise inconsequential, emphasizing that in serious offences like POCSO, the crime is against the State. Given conflicting judgments, the matter was referred to a larger bench.
The Division Bench, in its analysis, referred to the High Court’s inherent powers under Section 482 CrPC and Section 320 CrPC, highlighting its authority to quash criminal proceedings. It stressed that no strict line should restrict the High Court’s power to achieve substantial justice, even in non-compoundable offences.
The court laid down principles for dealing with settlements in cases involving sexual offences against women and children, emphasizing the best interest of the child. It noted that allegations must prima facie constitute the offence, and the settlement should be in the minor victim’s best interest.
In conclusion, the Division Bench set aside the Single Judge’s view, allowing the petition and quashing the POCSO FIR.
Case Title: Ranjeet Kumar Vs State of H.P. & Ors.
