IMPORTANT POINT
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.

ORDER :

The sole accused in S.C.No.755/2019 on the files of the Fast Track Special Court, Attingal, Crime No.1449/2018 of Kilimanoor Police Station, Thiruvananthapuram, has filed this petition under Section 482 of the Code of Criminal Procedure to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in the above case.

2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor.

3. The prosecution case herein is that the accused, with intention to subject the minor victim, aged 17 years, to sexual assault, at about 9.45 am on 26.09.2018, while the victim was travelling in RKV private carriage, sat beside him and caught hold on his thigh and other parts of the body and grasped the victim towards him. The further allegation is that he commented that the victim's thigh was so good, with sexual intent, and attempted to remove the zip of his pants with sexual intent. This is the base on which the prosecution alleges commission of offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the PoCSO Act).

4. While canvassing quashment of these proceedings, the learned counsel for the petitioner would submit that no ingredients to attract offences alleged are made out, prima facie. That apart, now the victim filed Annexure A3 affidavit, conceding pre-trial termination of the proceedings initiated as per Annexure A1 FIR and Annexure A2 final report and therefore, quashment is pressed into.

5. Whereas the learned Public Prosecutor strongly opposed quashment of the proceedings, where the prosecution alleges commission of offence under Section 7 r/w 8 of the PoCSO Act is well made out, prima facie.

6. Adverting to the power of this Court to quash criminal proceedings by resorting to Section 482 of the Cr.P.C., indubitably, in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. Such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overri