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C. T. RAVIKUMAR, SANJAY KUMAR
Ramji Lal Bairwa – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. The renowned American poet H. W. Longfellow penned to the effect that a torn jacket might soon be mended, but a bruised heart of a child would be beyond reviviscence. Certainly, it contains the gospel truth as relates a child subjected to sexual assault, be it aggravated or penetrative; or any kind of sexual abuse or exploitation. It is more so, in the case of a female child as it may hound her and hack her family life.
2. May be a jinx on pedagogy unfortunate, unconscionable and unpardonable things happen, though not often-times. The following factual narration will unravel the raison d'etre for the above prelude: -
(1) In heinous offences settlement between offender and victim can have no legal sanction at all.(2) Appeal by Special Leave – Locus Standi – Supreme Court could entertain appeal against Judgment of ....
The court may quash FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
The court ruled that serious offences under the POCSO Act, particularly sexual assault against minors, cannot be quashed based on victim retraction or compromise, emphasizing public interest in prose....
Serious offences like section 376 IPC cannot be quashed on the basis of settlement between the parties.
Point of Law : No doubt, while exercising power under Section 482 Cr.P.C, for quashing of FIR, Court is also required to take into consideration interest of society at large, but in the present case,....
Point of Law : POCSO Act – Compromise – Quash of criminal proceedings.
Heinous and serious offences cannot be quashed based on a compromise between the parties, as per the principle laid down by the Hon'ble Supreme Court.
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