In cases of serious offenses, particularly those affecting public interest, courts cannot allow quashing of proceedings based solely on private settlements.

Dated this the 19th day of July, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure to quash the charge sheet in S.C.No.111/2021 on the files of the Special Court for the trial of offence under the the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘POCSO Act’ for short), Ponnani, Malappura, arose out of crime No.263/2019 of Changaramkulam police station. The petitioner herein is the sole accused in the above crime.

2.Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Scrutinized the available materials.

3.In this matter, the specific allegation is that in between 7.00 am and 8.30 am on 13.04.2019, the accused herein, who is a madrassa teacher of the victim aged 12 years, subjected her to sexual assault and caught hold on her breast and demanded to kiss on the hands of the accused. On this premise, the prosecution alleges commission of offences punishable under Sections 354A of IPC, Section 8 read with Section 7 and Section 10 read with Section 9 (f)(l)(m)(p) of the POCSO Act as well as under Section 7 5 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

4.The learned counsel for the petitioner pressed for quashment of the proceedings on the ground that the matter has been settled and he mother of the victim filed affidavit in support of the settlement.

5.Whereas the learned Public Prosecutor strongly opposed quashment of the proceedings, merely on the ground of settlement, pointing out the serious allegations against the petitioner.

6.Adverting to the power of this Court to quash criminal proceedings 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 overriding element of public interest in punishing persons for serious offences. In other words, grave or serious offences or