New Delhi: Delhi High Court has refused to quash a rape and Pocso case against a 49-year-old man on the basis of a compromise with the minor survivor, observing that such offences are heinous in nature and have a serious impact on society.
The allegations are of aggravated penetrative sexual assault upon a child by a person in a position of trust or authority, punishable under Sections 376/506 IPC and Section 6 of the Pocso Act.
“The child survivor or their family cannot compromise an offence under the Pocso Act,” the court said. The court also underlined that criminal proceedings involving sexual offences against children cannot be settled by the survivor or her family. Justice Sachin Datta passed the order while hearing a plea by the accused, who sought quashing of the case after claiming that a settlement had been reached with the survivor through family intervention. The court was informed that the trial had already reached the stage of recording prosecution evidence. Rejecting the plea, the court held that quashing the proceedings on the basis of a compromise would defeat both the object of the Pocso Act and the ends of justice. “A settlement between the survivor and the offender in such cases has no legal sanction. These are heinous offences which have a serious impact on society,” the court observed. The HC referred to Supreme Court rulings recognising the inherent power of high courts to quash criminal proceedings in appropriate cases, while clarifying that such powers are ordinarily not exercised in cases involving heinous offences, including rape.