NEW DELHI: The Delhi High Court has held that proceedings under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed on the basis of a compromise between a child victim or the victim’s family and the accused.Justice Sachin Datta made the observation while dismissing a petition seeking quashing of an FIR and related proceedings on the basis of a settlement allegedly reached with the victim with the intervention of her family, according to news agency ANI.The court noted that the case involved allegations of aggravated penetrative sexual assault against a child by a person allegedly in a position of trust or authority. It observed that such offences are heinous and have a serious impact on society.The high court relied on a Supreme Court judgment which held that while a high court has inherent powers to quash criminal proceedings in appropriate cases where parties have settled their dispute, such powers must be exercised after considering the nature and gravity of the offence.
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The Supreme Court has held that heinous and serious offences, including rape, ordinarily cannot be quashed merely because the victim or the victim’s family and the accused have reached a settlement, as such offences are not private in nature and have a serious impact on society.Applying the principle, the Delhi high court held that an offence under the POCSO Act cannot be compromised by the child victim or the victim’s family. It said quashing the proceedings at this stage on the basis of a compromise would defeat the object of the statute and the ends of justice.
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