Serious offences against women and children, such as rape and sexual assault under the POCSO Act, cannot be quashed on the basis of a settlement between the parties, as these are crimes against the society and not just private disputes.

Dated this the 24th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure (for short,' Cr.P.C.' hereinafter) to quash all further proceedings in Annexure A1 FIR in Crime No.1281/2020 of Chavakkad Police Station, Chavakkad, Thrissur Rural District.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. I have perused the relevant records.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 376 and 376(2)(n) of IPC as well as under Sections 4 r/w Section 3 (a), 6 r/w Section 5 (l) and 8 r/w Section 7 of the Protection of Children from Sexual Offences Act (for short, 'the POCSO Act' hereinafter). The prosecution allegation is that, in between May 2018 and November 2019, the accused herein maintained a relationship with the de facto complainant through telephone and continued the relationship with promise of marriage and subjected her to repeated sexual intercourse. Accordingly, she became pregnant.

4. While seeking quashment of the proceedings, the learned counsel for the petitioner submitted that the de facto complainant and the accused were in love and they met together when they were students. It is argued that, even though the petitioner was ready to marry the de facto complainant, she backed out from the marriage due to influence of her family members. When the petitioner demanded marriage, the de facto complainant become infuriated and filed this fictitious complaint. It is submitted that, now, the de facto complainant filed an affidavit, stating that the dispute has been settled and she has no grievance against the petitioner. Thus, on the basis of settlement, the learned counsel for the petitioner seeks quashment of the proceedings.

5. The learned Public Prosecutor strongly opposed quashment of the proceedings based on settlement in a case including serious offences under Sections 376 and 376(2)(n) of IPC as well as under Section 4 r/w Section 3 (a), 6 r/w Section 5 (l) and 8 r/w Section 7 of the POCSO Act and submitted that, since the occurrence was when the de facto complainant was a minor, acting on the affidavit of the minor after she attained majority, quashment is not legally permitted. Therefore, he strongly opposed quashment on the basis of settlement. It is also pointed out by the learned Public Prosecutor that, on merits also, the prosecution allegations are well made out to attract offences punishable under and 376(2)(n) of as well as under Section 4 r/w Section 3 (a), 6 r/w Section 5 (l) and 8 r/w Section 7 of the POCSO Act and therefore, this matter would require trial.

6. Going by the prosecution allegations, the offences are well made out and the petitioner herein subjected the minor victim to sexual intercourse, after maintaining a relationship with promise of marriage. Now, the question is whether settlement of cases involving serious offences under the POCSO Act, is legally permissible.

7. In a three Judges Bench of the Apex Court in Gian Singh v. State of Punjab and Another, reported in [ (2012) 10 SCC 303 ], the Apex Court held that High Court can quash the proceedings in the cases of non-compoundable offences on the basis of settlement arrived at between the parties and observed as under:-

“58. Where the High Court quashes a criminal proceeding having regard to the fact that the dispute between the offender and the victim has been settled although the offences are not compoundable, it does so as in its opinion, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. No doubt, crimes are acts which have harmful effect on the public and consist in wrongdoing that seriously endangers and threatens the well-being of the society and it is not safe to leave the crime-doer only because