Quashing FIRs under the POCSO Act based on compromise contradicts legislative intent to protect children from sexual offences.

JUDGMENT :

Virender Singh, J.

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.26/2024, dated 29.03.2024 (hereinafter referred to as the FIR, in question), registered with Police Station, Janjehli, District Mandi, H.P., under Sections 363, 376(2) (n), 323, 504, 120-B of the Indian Penal Code, (hereinafterreferred to as the ‘IPC’), and Sections 6 and 17 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as the ‘POCSO Act’), as well as, the proceedings resultant thereto, which are stated to be pending before the Court of learned Additional Sessions Judge (POCSO Court), Mandi, H.P. (hereinafter referred to as the ‘trial Court’).

2. The relief of quashing has been sought on the ground that the matter has been compromised between the parties. Along with the petition, compromise Annexure P-2 has also been annexed, which has taken place between the father of the child victim, complainant and the accused persons.

3. Hon’ble Supreme Court in ‘Ramji Lal Bairwa & Anr. Vs. State of Rajasthan & Ors.’, 2024 (INSC) 846, has held that the quashing of the proceedings, under the POCSO Act, by invoking the powers under Section 482 of CrPC (Section 528 of BNSS), on the basis of the settlement, is against the very intention of the legislature. Relevant paragraphs 10 to 12 and 31 of the said judgment are reproduced, as under:-

“10. Before dealing with the contentions on behalf of the respondents and also the submissions of the learned amicus curiae and the counsel for the intervenor, we think it only appropriate to refer to certain relevant aspects of the POCSO Act. As introduction to the POCSO Act, what actually actuated the Parliament to enact ‘POCSO Act’ has been stated thus:-

“Sexual offences against children are not adequately addressed by the existing laws. A large number of such offences are neither specifically provided with nor are they adequately penalised. Such offences against children need to be defined explicitly and countered through adequate penalties as an effective deterrence. This Act provides for protection of children from offences of sexual assault, sexual harassment and pornography with due regard for safeguarding the interest and well-being of children.”

11. Contextually, it is worthy to refer to the statement of objects and reasons for the enactment of the POCSO Act. It reads as follows: -

“STATEMENT OF OBJECTS AND REASONS

Article 15 of the Constitution, inter alia, confers upon the State powers to make special provision for children. Further, article 39, inter alia, provides that the State shall in particular direct its policy towards securing that the tender age of children are not abused and their childhood and youth are protected against exploitation and they are given facilities to develop in a healthy manner and in conditions of freedom and dignity.

2. The United Nations Convention on the Rights of Children, ratified by India on 11th December, 1992, requires the State Parties to undertake all appropriate national, bilateral and multilateral measures to prevent (a) the inducement or coercion of a child to engage in any unlawful sexual activity; (b) the exploitative use of children in prostitution or other unlawful sexual practices; and (c) the exploitative use of children in pornographic performances and materials.

3. The data collected by the National Crime Records Bureau shows that there has been increase in cases of sexual offences against children. This is corroborated by the 'Study on Child Abuse: India 2007' conducted by the Ministry of Women and Child Development. Moreover, sexual offences against children are not adequately addressed by the existing laws. A large number of such offences are neither specifically provided for nor are they adequately penalised. The interests of the child, both as a victim as well as a witness, need to be protected. It is felt that offenc