- Criminal cases of sexual offences against children cannot be settled by survivors or families
- Justice Datta ruled against quashing a POCSO trial after a family-arranged settlement
- The accused allegedly committed aggravated penetrative sexual assault on a child in 2022
The Delhi High Court has ruled that criminal cases concerning sexual offences against children cannot be settled by the survivor or her family, saying these are heinous offences having a serious impact on society.
Justice Sachin Datta passed the order while dealing with a petition by an accused facing trial under the POCSO Act, who sought to quash the case following a settlement with the minor survivor on intervention of her family.
The court was told that the trial was at the stage of recording prosecution evidence.
Dismissing the plea on September 22, Justice Datta said quashing the proceedings at this stage on the basis of a compromise would defeat the object of the statute as well as the ends of justice.
"The child victim or their family cannot compromise an offence under the POCSO Act," the court stated.
The petitioner, 49, allegedly committed aggravated penetrative sexual assault upon the child in 2022 while being in a position of trust.
Justice Datta stated that as per the law laid down by the Supreme Court, the high court's power to quash a criminal case on the basis of a settlement cannot be exercised in respect of heinous and serious offences of mental depravity or sexual offences.
"A settlement between the victim and the offender in such cases has no legal sanction. 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 of IPC and section 6 of the POCSO Act. These are heinous offences which have a serious impact on society," stated the order.
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