Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment

Can POCSO cases can be quashed on the basis of compromise between accused and victim? The Supreme Court issued notice in a special leave petition filed against Kerala High Court judgment in which this issue was raised.The accused in this case was the teacher of the victim. The allegation against him was that he touched her cheeks and kissed on her forehead etc. Following complaint, a crime was registered for offences punishable under Secs.9(f) and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. Before the High Court, victim filed an affidavit that she has settled the entire disputes with the accused and that she has no objection for quashment of the criminal proceedings pending against him. Recording this, the High Court of Kerala quashed the criminal proceedings. Before the Apex Court, the state contended that this was not permissible in view of the judgment reported in 2019 (5) SCC 688 titled as State of Madhya Pradesh vs. Laxmi Narayan. In the said judgment, it was observed that the power under Section 482 CrPC is not to be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society.Taking note of this, the bench, while issuing notice, stayed the High Court judgment and permitted investigation to continue. Recently, the Supreme Court had set aside a Kerala High court order that had recalled its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. Later, the judge recalled these orders taking note of the Supreme Court judgment in Gian Singh v. State of Punjab held heinous and serious offence offences like murder, rape, and other such offences cannot "be fittingly quashed even though the victim or victim's family and the offender have settled the dispute". The accused had therefore approached the Apex Court.Case name: State Of Kerala vs Hafsal Rahman N.KClick here to Read/Download Order

Can POCSO Cases Be Quashed On The Basis Of Compromise? Supreme Court Issues Notice In SLP Challenging Kerala HC Judgment

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