The Delhi High Court has ruled that criminal cases concerning sexual offences against children cannot be settled by the survivor or her family, saying these are heinous offences having a serious impact on society.
Justice Sachin Datta passed the order while dealing with a petition by an accused facing trial under the POCSO Act, who sought to quash the case following a settlement with the minor survivor on intervention of her family.
Justice Sachin Datta passed the order while dealing with a petition by an accused facing trial under the POCSO Act, who sought to quash the case following a settlement with the minor survivor on intervention of her family. Justice Datta stated that as per the law laid down by the Supreme Court, the high court’s power to quash a criminal case on the basis of a settlement cannot be exercised in respect of heinous and serious offences of mental depravity or sexual offences. “A settlement between the victim and the offender in such cases has no legal sanction. These are heinous offences which have a serious impact on society,” stated the order.
The allegations are of aggravated penetrative sexual assault upon a child by a person in a position of trust or authority, punishable under sections 376/506 of IPC and section 6 of the POCSO Act.
The court was told that the trial was at the stage of recording prosecution evidence. “The child victim or their family cannot compromise an offence under the POCSO Act,” the court stated.
