POCSO- FIR Cannot Be Quashed On The Ground That Victim Decided To Compromise Matter After Attaining Majority: Delhi High Court

The Delhi High Court has observed that an FIR filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012 cannot be quashed on the ground that the victim after attaining majority decided to compromise the matter with the accused.

A single judge bench comprising of Justice Subramonium Prasad observed thus:

"Exercising jurisdiction under Section 482 Cr.P.C to quash an offence under POCSO Act would go against the intention of the legislature which has brought out the special enactment to protect the interests of children. The FIR cannot be quashed on the ground that the victim after attaining majority has decided to compromise the matter with the accused."

The Court was dealing with a petition filed under sec. 482 CrPC seeking quashing of FIR registered under sec. 354 (Assault of criminal force to woman with intent to outgrage her modesty), 354D (Stalking), 506 (Punishment for criminal intimidation), 509 (Word, gesture or act intended to insult modesty of a woman), 34 (Common intention) of IPC and sec. 10 (Punishment for aggrevated sexual assault) of the POCSO Act. The petition was filed on the ground that both the prosecutrix and the petitioner have compromised the matter.

According to the chargesheet, the prosecutrix had alleged that the accused, a distant relative, had started staying in her house and that the said accused person "started looking at her with strange eyes" in the absence of her parents. Moreover, it was also alleged that the accused, along with his other two nephews threatened her regarding her photographs and even to kill her parents.

The petition was filed after a compromise was entered into between the prosecutrix, after attaining majority, and her mother with the accused persons.

The Court, while noting that the exercise of jurisdiction under sec. 482 of CrPC in quashing an offence under POCSO will go against the intention of the legislature, also relied on the Statements of Objects and Reasons of the POCSO Act which reads "heinous crime like rape cannot be quashed by the High Court by exercising power under Section 482 Cr.P.C. even if the prosecutrix and the accused have entered into a compromise."

In view of this, the Court dismissed the petition after observing that the Court was not inclined to quash FIR in a case wherein petitioners were accused of sec. 10 of the POCSO Act.

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