Rape & Molestation Cases Under POCSO Act Can't Be Quashed Based On Compromise Between Victim & Accused: Allahabad HC

The Allahabad High Court recently observed that the prosecution in heinous offences such as rape and molestation of minors, which are punishable under the POCSO Act can't be quashed based on the compromise between the victim and the accused.

The Court also opined that the endeavour of the Court in a matter involving such offence is to determine the truth of the allegations and that the purpose is not to persecute the accused nor is it to let him off, because his relations with the complainant have taken a happier turn.

"...(in such cases) the victims do not have the freedom to compromise as if it were a compoundable offence or a civil cause," observed a bench of Justice JJ Munir while refusing to quash a rape case against the accused based on his submission that he and the minor victim have married each other.

An FIR against the accused in the case was lodged by the complainant-opposite party no. 2 (victim) in 2020 alleging that she is a widow and became friends with the applicant who made a false promise to marry her and ravished her in August 2020. It was also alleged that her daughter was also molested by the accused.

On the basis of the said FIR, the accused was booked under Sections 376(1), 323, 357-ka, 504, 506 IPC and Section 7/8 POCSO Act.

The complainant/victim supported her case before the Magistrate in her Section 164 CrPC statement. The allegations of rape and molestation were also supported by the complainant's daughter, who is a minor.

However, in August 2021, the complainant and the accused got married according to Hindu rites and therefore, she moved an application before the Special Judge that she does not want to pursue the prosecution and hence, the case should be disposed of on the basis of a compromise.

On the strength of her application, the accused moved to the HC seeking quashing of the proceedings by submitting that no useful purpose would be served in carrying on the prosecution, which would be an abuse of the process of the Court.

However, the Court noted that the offences alleged in the case are serious in nature including rape and molestation of a minor, and these offences are such which can not be quashed based on a compromise.

"An offence of rape or one under Section 7/8 of the Act of 2012 is an offence against the society, the truth of which has to be established before a Court of competent jurisdiction on the basis of whatever evidence is led at the trial. The accused may be acquitted if the charge is not proven, or if proven, he would be convicted...In any eventuality, in a matter like the present one, this Court cannot interdict the prosecution and quash proceedings for the saying of the complainant, based on a compromise between parties," the Court observed.

With this, the plea was rejected.

In related news, the Bombay High Court recently quashed an FIR registered against a 19-year-old male student under IPC and POCSO for the abduction and sexual assault of a minor teenager with the complainant’s - mother’s consent.

Justices Nitin Sambre and SG Dige observed that the couple was on “friendly terms” and lived together without informing the girl’s parents. And this miscommunication was the reason behind the FIR.

While framing charges under POCSO Act against a man despite the victim stating in her statement recorded under section 164 of Cr.P.C. that she had a consensual relationship with him, the Delhi High Court recently observed that its hands are tied till any amendment is carried out in law, though it may be desirable that cases of teenage relationships be dealt with on a different footing.

Also Read - CJI DY Chandrachud Urges Parliament To Consider Concerns About Age Of Consent Under POCSO Act

Case title - Om Prakash vs. State of U.P. and Another [APPLICATION U/S 482 No. - 8514 of 2023]

Case Citation: 2023 LiveLaw (AB) 104

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