Offence Under POCSO Act Cannot Be Quashed On The Basis Of Compromise Or Matrimony: P&H High Court

The Punjab and Haryana High Court has held that offence under the Protection of Children from Sexual Offences Act cannot be quashed based on the compromise or matrimony between the accused and the prosecutrix.

"…offence under POCSO Act, which is a special statue, cannot be quashed on the basis of any compromise or matrimony between the accused and the prosecutrix.", the Bench of Justice Suvir Sehgal observed.

The Court noted that if an accused is absolved of committing sexual excesses with a minor on the basis of settlement with the victim, this would encourage an unhealthy trend and defeat the objective and spirit behind the legislation of POCSO Act.

The Court made this observation while dealing with a petition seeking quashing of FIR registered for offences under Sections 363 and 366-A of the Indian Penal Code, 1860 however, later on Section 376, IPC and Section 4 of POCSO Act were added.

Advocate P.S.Punia represented the petitioner-accused whereas Additional Advocate General Vipin Pal Yadav represented State. Advocate G.S.Bains represented the complainant and the victim.

The Court noted that "Facts reveal that prosecutrix was admittedly a minor when she was enticed and has been recovered from the custody of the accused-petitioner. Material placed on the record by the State shows that she has been subjected to sexual assault by the petitioner."

The Court observed that the subsequent marriage of the accused with the prosecutrix would not dilute the offence under POCSO Act or under Section 376, IPC.

"Subsequent marriage of the accused with the prosecutrix would not dilute the offence under POCSO Act or under Section 376, IPC. POCSO Act has been incorporated with the objective of protecting children from offences of sexual assault, sexual harassment, pornography. If an accused is absolved of committing sexual excesses with a minor on the basis of settlement with victim on her attaining majority, this would encourage an unhealthy trend and defeat the objective and spirit behind the legislation of POCSO Act.", the Court held while dismissing the petition.

Cause Title- Nardeep Singh Cheema @ Navdeep Singh Cheema v. State of Punjab and others

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