LUCKNOW: While declining to quash the proceedings initiated under the Prevention of Children from Sexual Offences (Pocso) Act, the Allahabad High Court has held that the offences registered under the Act cannot be set aside solely on the basis of a compromise between the accused and the survivor.
Dismissing a petition filed by one Sanjeev Kumar, an accused under the Pocso Act, Justice Samit Gopal observed, “As the consent of the minor prosecutrix victim is immaterial for registration of offence, then such consent shall still remain immaterial for all practical purposes at all the stages, including for compromise. Merely because the minor prosecutrix has later on agreed to enter into a compromise with the applicant (accused), it would not be sufficient to quash the proceedings under Pocso Act.”
The accused petitioner had sought setting aside of summoning and cognizance orders as well as seeking a stay on criminal proceedings going on before special judge, Pocso court, at Azamgarh against the accused. The FIR was earlier lodged under Sections 376 (rape), 313 (causing miscarriage without women’s consent) and other sections of IPC and 3/4 of the Pocso Act at Bilariganj police station in Azamgarh district.
The accused had moved the HC on the ground that after the lodging of the FIR, the conclusion of the investigation and summoning of the applicant by the trial court for the alleged offences, a compromise had been entered into between the parties and hence, the pending case be decided in terms of the compromise.
Opposing the plea of the accused-applicant, the counsel for the state submitted that the accusations against the accused revolved around subjecting the girl to sexual assault over a period of three years, with the survivor being approximately 15 years old during the commission of the alleged offence.
It was also contended that since the victim was a minor at the time of the incidents, the charge sheet was filed under relevant sections, and the trial court, after finding a prima facie offence against the applicant, summoned him. It was further argued that the petition should be dismissed since a compromise in a case of this nature cannot be entertained.
The court in its decision dated April 2 noted that the offences which are alleged to have been committed under a “special statute”, such as the Pocso and Prevention of Corruption Act, the prosecution cannot be quashed merely based on compromise between the survivor and the offender.