AI Overview...
-
Amicable Settlement of POCSO Cases - Multiple sources confirm that cases under the POCSO Act are being amicably settled through mutual agreements, often documented via Compromise Deeds or affidavits. The victims or their families frequently express willingness to settle, citing reasons such as personal disputes, marriage, or misunderstandings, and affirm that there is no coercion involved MANISH VARSHAUL vs STATE NCT OF DELHI & ORS. - Delhi, Aryan VS State of Himachal Pradesh - Himachal Pradesh, SAFVAN V.M. Vs THE STATE OF KERALA, - Kerala, SHYMON.N.X vs STATE OF KERALA - Kerala, SACHIN ASHOKBHAI VAGHELA vs STATE OF GUJARAT - Gujarat, Apjen B. Marak VS State of Meghalaya - Meghalaya, Rajavel Subramanian Vs The Inspector - Allahabad, AJNAS K. Vs STATE OF KERALA - Kerala, Bapurao @ Dattatraya, S/o Shivaji Ligade VS State of Maharashtra - Bombay, Nihar Ranjitbhai Barad VS State Of Gujarat - Gujarat.
-
Court's Approach to Settlement - Courts generally acknowledge the amicable settlement, especially when the victim or complainant affirms the resolution and states that they have no further grievance. Many courts have quashed FIRs and proceedings under Section 482 of the Criminal Procedure Code, emphasizing the importance of peace and reconciliation, provided the allegations do not meet the criteria for serious offenses under the POCSO Act SHYMON.N.X vs STATE OF KERALA - Kerala, SACHIN ASHOKBHAI VAGHELA vs STATE OF GUJARAT - Gujarat, Rajavel Subramanian Vs The Inspector - Allahabad.
-
Limitations and Considerations - Despite the trend towards settlement, courts remain cautious about the gravity of offenses under the POCSO Act. They emphasize the need to ensure that the allegations are not serious or meeting statutory criteria for prosecution. The seriousness of the allegations and the child's welfare are considered before quashing proceedings SHYMON.N.X vs STATE OF KERALA - Kerala, Apjen B. Marak VS State of Meghalaya - Meghalaya.
-
Overall Conclusion - The prevailing legal approach favors settlement and withdrawal of cases when the parties agree amicably and the victim affirms no ongoing grievance, leading to quashing of FIRs in many cases. However, courts balance this with the need to uphold the statutory protections under the POCSO Act, ensuring that justice and child welfare are not compromised various references.
References:
- MANISH VARSHAUL vs STATE NCT OF DELHI & ORS. - Delhi
- Aryan VS State of Himachal Pradesh - Himachal Pradesh
- SAFVAN V.M. Vs THE STATE OF KERALA, - Kerala
- SHYMON.N.X vs STATE OF KERALA - Kerala
- SACHIN ASHOKBHAI VAGHELA vs STATE OF GUJARAT - Gujarat
- Apjen B. Marak VS State of Meghalaya - Meghalaya
- Rajavel Subramanian Vs The Inspector - Allahabad
- AJNAS K. Vs STATE OF KERALA - Kerala
- Bapurao @ Dattatraya, S/o Shivaji Ligade VS State of Maharashtra - Bombay
- Nihar Ranjitbhai Barad VS State Of Gujarat - Gujarat
Search Results for "Pocso Matter Amicably Settled"
2025 Supreme(Online)(Del) 4430 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
DR. SWARANA KANTA SHARMA, J
The parties, having amicably settled the matter with a Compromise Deed, asserted no coercion in their agreement. ... petitioner sought to quash FIR No. 275/2019 registered for offences under Sections 363, 376, and 34 of IPC, along with Section 6 of the POCSO ... It is stated that both the parties have amicably settled the present matter vide Compromise Deed dated 16.03.2024, entered between them. Protection of Children from Sexual Offences Act , 2012....
2024 0 Supreme(HP) 76 • India - Himachal Pradesh
RANJAN SHARMA
Act, stating that the matter had been amicably settled as he had married the victim and they had a child. ... Quashing of FIR - Aryan - Criminal Procedure Code, Indian Penal Code, Protection of Children from Sexual ... Fact of the Case: The petitioner sought quashing of FIR and criminal proceedings for offences under IPC and POCSO ... Quashing of FIR and criminal-judicial proceedings arising therefrom, has been prayed for, on the ground, that due to the intervention of the family members of petitioner a....
2021 Supreme(Online)(KER) 26664 • India - High Court of Kerala
BECHU KURIAN THOMAS, J
The victim, having settled the matter amicably, sought to quash the proceedings against the petitioner. ... Ratio Decidendi: The court concluded that personal disputes between the parties could be resolved amicably, especially when ... Fact of the Case: The petitioner faced charges under various sections of the IPC and POCSO Act. ... The victim has filed an affidavit as Annexure C stating that the matter has been amicably settled and that she has ....
2025 Supreme(Online)(Ker) 25668 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
settled the matter. ... The court found that the allegations did not meet the criteria for the POCSO Act, noting that the de facto complainant had amicably ... 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning alleged offences under the Bharatiya Nyaya Sanhita, 2023, and the POCSO ... It is the further contention of the petitioners that the issue has now been amicably settled with the de facto complainant, and that she has no subsisting grievance. #HL_ST....
• India - High Court of Gujarat
S.H. VORA, J
The Court found that the dispute was amicably settled, confirming the victim's volition in the matter and acknowledging that continuing ... Section 482 of the Code of Criminal Procedure, the applicants sought to quash the F.I.R. registered for offences under IPC and POCSO ... At the outset, it is submitted that the parties have amicably resolved the dispute. ... Since now, the dispute with reference to the impugned F.I.R. is settled and resolved by and between parties which is....
2023 0 Supreme(Megh) 23 • India - Meghalaya
W. DIENGDOH
the matter amicably. ... settled the matter amicably; respondent denies allowing quashing due to serious allegations - The court emphasized the seriousness ... (A) Criminal Procedure Code, 1973 - Section 482 - POCSO Act, 2012 - Quashing of criminal proceedings - Petitioners claim to have ... Finally, the learned Sr. counsel has submitted that since the parties have amicably settled the matter, therefore for the sake of peace and fam....
• India - Madras High Court
G.R.SWAMINATHAN, J
The defacto complainant and the victims filed a joint compromise memo, stating that the matter had been amicably settled and they ... QUASHING OF PROCEEDINGS - POCSO ACT - INDIVIDUAL IN NATURE - [The court quashed the proceedings under the POCSO Act, as the offenses ... Fact of the Case: The petitioners were accused of offenses under the POCSO Act. ... The defacto complainant states that the matter has been amicably settled betwe....
2017 Supreme(Online)(KER) 3039 • India - High Court of Kerala
B.KEMAL PASHA, J
The complainant affirmed through an affidavit that they have settled the matter amicably. ... Finding of the Court: The court found that since the parties had settled amicably, there was no justification to continue ... Settlement - Criminal Proceedings - Indian Penal Code Section List - The court recognized the amicable settlement between the ... Considering the fact that the matter has already been settled amicably between the p....
2015 0 Supreme(Bom) 2598 • India - Bombay
S.V.GANGAPURWALA, V.K.JADHAV
Fact of the Case: The parties settled the matter amicably, and affidavits were filed suggesting that the differences ... Salunke, the learned counsel for the applicant submits that, the parties have amicably settled the matter. The complaint was filed because of misunderstanding. ... With a view to maintain cordial relations, they have settled the matter. The applicant and respondents reside in the same village. The complaint seems to have been fil....
2022 0 Supreme(Guj) 1459 • India - Gujarat
SAMIR J. DAVE
is amicably settled between parties and so he has no objection if applicant-accused is released on bail – However, this Court is ... Act – Held, Before parting, it is to be noted that learned Advocate appearing for original- complainant stated at bar that matter ... Constitution of India, 1950 – Articles 15, 39 – Indian Penal Code, 1860 – Section 354A – Criminal Procedure Code, 1973 – Section 439 – POCSO ... Param Buch appearing for the original- complainant stated at the bar that matter is am....
Filter by Legal Phrase
