KOCHI: The High Court has observed that the mother cannot legally settle or compromise a case against the father for sexual harassment or sexual assault of their minor daughter.
“Any compromise or out-of-court settlement by the parents of a minor victim with the object of stifling prosecution cannot receive the sanction of law, nor can such a settlement override the state’s duty to prosecute offences against children,” the court said.
The HC issued the order while dismissing a petition filed by a 50-year-old man from Chalakkudy, Thrissur, seeking bail in a case registered for sexually assaulting his minor daughter.
“The accusation against the father is grave and prima facie discloses a premeditated criminal act. In her statement, the 17-year-old victim has narrated how she was mercilessly subjected to sexual assault by the father. The first bail application was dismissed having regard to the nature of the crime, the gravity of the offence, and the relationship between the accused and the victim. It now emerges that the victim’s mother, who initially lodged the complaint, has chosen to settle the matter in utter disregard of the interest and welfare of her daughter.”
According to the prosecution, the man, with intent to commit sexual assault, touched his daughter inappropriately on multiple occasions, and thereby committed the alleged offences. He was arrested and remanded in judicial custody on April 17.
The petitioner’s counsel submitted that after the dismissal of the first bail application, the matter has been settled between the father and mother, who has expressed her willingness for the accused to be granted bail. On the other hand, the senior public prosecutor submitted that the alleged incident was part of the accused’s intentional criminal acts and that he is not entitled to bail at this stage.
The court said that in the affidavit the mother asserted that the matter has been settled between the accused and the victim and that she does not wish to prosecute the case further.
“It is further said that the victim has no objection to the grant of regular bail to him. However, it must be noted that the mother has not contended the incident did not occur; her case rests solely on the claim of a subsequent settlement.
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