The Allahabad High Court has emphasized that crimes falling under ‘Special Statutes’ such as the Protection of Children from Sexual Offences (POCSO) Act cannot be dismissed solely based on a “compromise” between the victim and the offender.
Justice Samit Gopal, presiding over a single-judge bench, delivered the verdict on April 2, emphasizing that the consent of the minor victim is irrelevant to the registration of the offence under POCSO. The judgment was rendered in response to a petition seeking a stay on criminal proceedings against the accused, who claimed that a compromise had been reached after the initiation of the case.
The court firmly rejected the notion that a compromise between the parties should lead to the quashing of proceedings, especially in cases involving sexual offences against minors. The judge highlighted that the age of the victim is crucial, stating that the consent of a minor below 18 years old holds no significance in such matters.
Furthermore, the court emphasized the serious nature of offences like child sexual abuse, referring to Supreme Court precedents from 2014. It underscored that powers to quash proceedings should not be exercised in cases involving heinous crimes such as murder, rape, or dacoity, as these offences have a profound impact on society and are not private.
The ruling serves as a significant legal precedent, reaffirming the imperative to uphold justice and protect the rights of minor victims in cases of sexual abuse. It sends a strong message against attempts to trivialize or compromise the severity of such offences, highlighting the need for stringent legal action to combat crimes against children.
