Karnataka HC: Settled, but POCSO case needs consideration

In this case, the parties have entered a settlement. Both the petitioner and the complainant’s daughter are minors and were in a relationship.
Karnataka High Court (Photo | EPS)
Karnataka High Court (Photo | EPS)

BENGALURU: Staying the proceedings against a minor boy under Protection of Children from Sexual Offences (POCSO) Act, the Karnataka High Court said that quashing the case against the minor with parties arriving at a mutual settlement is an issue which requires consideration. Justice M Nagaprasanna said that the staying of the proceedings will be subject further orders being passed.

In this case, the parties have entered a settlement. Both the petitioner and the complainant’s daughter are minors and were in a relationship. The counsel for the petitioner, minor boy submitted that they have settled the issue and sought termination of the proceedings on account of such settlement. However, the government advocate objected it on the ground that the offence is under the POCSO Act and hence settlement is unacceptable.

The petitioner’s counsel submitted that there is constant harassment during the investigation and the issue stands covered by a plethora of cases rendered by the courts accepting settlement and terminating proceedings. After hearing the arguments, the court said that the issue would require consideration and therefore, stayed the investigation till May 23, 2022 subject to further orders. The next hearing is on May 24, 2022.

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