Quashing of POCSO Act cases requires careful consideration of social implications and victim welfare.

ORDER

Both the parties are present before this Court. The petition is filed seeking to quash the Spl.S.C.No.121 of 2022 on the file of the Court of Sessions Judge, Special Court for the exclusive trial of cases under POCSO Act Cases, Villupuram, on the ground of compromise, stating that the victim and the petitioner/accused are living together as husband and wife.

2. The offence is one under the Protection of Children from Sexual Offences Act , 2019 and as such it is serious in nature and in these kinds of cases Court will not go merely on the version of the defacto complainant. The Court has to take into account the overall facts and circumstances of the case. The Hon'ble Supreme Court of India in Gian Singh Vs. State of Punjab¹ has already held that while quashing the case on the ground of compromise, the Court has to consider the predominant aspects of the crime and has to decide whether any issue of social nature is involved and not to go on the description of the offense alone.

3. A perusal of the final report and the facts and circumstances of the case, it can be seen that the relationship and the marriage happened after the age of 18

1 (2012) 10 SCC 303 years of the victim, but there was a love proposal and the other allegations punishable under section 11 (1) and 12 are made before the victim could turn 18 years. However, she was more than 17 years of age, even as on date of occurrence of the offences. Therefore considering the overall facts and circumstances of the case and considering the wellbeing of the victim herself and also considering the fact that she is now 7 months pregnant and that the parties have since validly married and marriage certificate has also been produced before this Court and that they are living together as husband and wife, I'm of the view that this is a fit case, which can be quashed.