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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE VIRENDER SINGH
Deepak Kumar – Appellant
Versus
State of Himachal Pradesh – Respondent
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
Quashing FIRs under the POCSO Act based on compromise contradicts legislative intent to protect children from sexual offences.
The POCSO Act mandates prosecution of sexual offences against children, emphasizing that quashing proceedings based on personal settlements undermines legislative intent.
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 FIRs in cases involving serious offences if the parties have resolved their dispute amicably and the likelihood of conviction is minimal.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
Serious offences under the PoCSO Act cannot be quashed based on victim's retraction, as they affect public interest and societal morals.
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.
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