The Delhi High Court has recently observed that an FIR filed under the Protection of Children from Sexual Offences (POCSO) Act, 2012 cannot be quashed on the ground that the survivor after attaining majority decided to a compromise in the matter with the accused.
The Court was hearing a petition filed under Section 482 CrPC seeking quashing of FIR registered under Sections 354, 354D, 506, 509, 34 of Indian Penal Code (IPC) and Section 10 of the POCSO Act on the ground that both the prosecutrix and the petitioner have decided to compromise.
A Single Judge Bench comprising of Justice Subramonium Prasad said,”Exercising jurisdiction under Section 482 CrPC 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 referred to Supreme Court judgments which stated that Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim’s family and the offender have settled the dispute.
Further, the Court dismissed the petition holding that FIR cannot be quashed wherein the petitioners have been accused of the offence under Section 10 of POCSO Act.