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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Saurav Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Virender Singh, J.
1. Petitioners have filed the present petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’) for quashing of FIR No.44 of 2020, dated 02.11.2020, (hereinafter referred to as the FIR, in question), registered with Women Police Station Baddi, District Solan, H.P., under Section 376 of the Indian Penal Code, (hereinafter referred to as the ‘IPC’) and Section 4 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’), as well as, proceedings resultant thereto, which are stated to be pending, before the Court of learned Principal Magistrate, Juvenile Justice Board Court, Solan, H.P., in Case No. 22/2 of 2021, titled as State Vs. Saurav.
2. The present petition has been filed by the petitioners to quash the FIR, in question. In the present case, petitioner No.1 is the accused, whereas, petitioner No.2 is the child victim.
3. The main ground, upon which, the quashing of FIR has been sought, is that during the pendency of the case, petitioners have solemnized the marriage on 21.02.2025. In this regard, they have relied upon the marriage certificate.
4. Not only
The POCSO Act mandates prosecution of sexual offences against children, emphasizing that quashing proceedings based on personal settlements undermines legislative intent.
Quashing FIRs under the POCSO Act based on compromise contradicts legislative intent to protect children from sexual offences.
The main legal point established is the application of the POCSO Act to protect children from sexual exploitation, emphasizing the offense of penetrative sexual assault and the lack of capacity to gi....
The High Court cannot quash FIRs for heinous non-compoundable offences like child sexual abuse based on settlements between parties, emphasizing the need to protect societal interests.
The court may quash serious criminal proceedings in exceptional circumstances where the parties have resolved their differences and married, serving the interest of justice.
The court can quash proceedings under the POCSO Act based on genuine settlements, especially when the accused and victim are married, to prevent injustice and promote family harmony.
Quashing criminal proceedings is justifiable when the parties have reconciled and married, reflecting societal approval and rendering continuation of the trial an abuse of process.
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