The Delhi High Court has held that an offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) cannot be settled through a compromise between the accused and the child victim or her family.

Justice Sachin Datta made the observation while refusing to quash an FIR registered against a man for the offences under Sections 376 and 506 of the Indian Penal Code and Section 6 of the POCSO Act.

The petitioner, aged about 49 years, sought quashing of the FIR and consequential proceedings on the basis of a compromise stated to have been arrived at with the victim with the intervention of her family.

The Court noted that the allegations concerned aggravated penetrative sexual assault upon a child by a person in a position of trust or authority.

It observed that such offences are heinous and have a serious impact on society.

Relying on the Supreme Court's judgment in Gian Singh v. State of Punjab, the Court reiterated that while the High Court has inherent powers to quash criminal proceedings on the basis of a settlement in appropriate cases, such power cannot be exercised in respect of heinous and serious offences involving mental depravity or sexual offences.

Noting that a settlement between the victim and the offender in such cases has no legal sanction, the Court said:

“Resultantly, the child victim or their family cannot compromise an offence under the POCSO Act.”

It added that quashing the proceedings at this stage on the basis of a compromise would defeat not only the object of the statute but also the ends of justice.

Accordingly, the Court dismissed the petition.

The Court clarified that nothing in its order should be construed as an expression of opinion on the merits of the case, which would be decided by the Trial Court on the basis of evidence.

Title: ANAND SINGH RAWAT v. THE STATE AND ANOTHER & ANR

Citation: 2026 LiveLaw (Del) 903

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