“POCSO offence cannot be quashed on basis of compromise”, says Delhi High Court NEW DELHI: The Delhi High Court has held that proceedings under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed on the basis of a compromise between a child victim or the victim’s family and the accused.Justice Sachin Datta made the observation while dismissing a petition seeking quashing of an FIR and related proceedings on the basis of a settlement allegedly reached with the victim with the intervention of her family, according to news agency ANI.The court noted that the case involved allegations of aggravated penetrative sexual assault against a child by a person allegedly in a position of trust or authority. It observed that such offences are heinous and have a serious impact on society.The high court relied on a Supreme Court judgment which held that while a high court has inherent powers to quash criminal proceedings in appropriate cases where parties have settled their dispute, such powers must be exercised after considering the nature and gravity of the offence.Join conversationView All Comments →Share your thoughts in the commentsInsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig DevelopmentPost CommentBe respectful · TOI community guidelinesThe Supreme Court has held that heinous and serious offences, including rape, ordinarily cannot be quashed merely because the victim or the victim’s family and the accused have reached a settlement, as such offences are not private in nature and have a serious impact on society.Applying the principle, the Delhi high court held that an offence under the POCSO Act cannot be compromised by the child victim or the victim’s family. It said quashing the proceedings at this stage on the basis of a compromise would defeat the object of the statute and the ends of justice.Get the latest India News and Live updates. Download the TOI app.About the AuthorAastha JhaAastha Jha is a writer at The Times of India, covering politics. She also writes on business, global affairs, social issues, with a focus on policy, governance and their impact on everyday lives. Her work brings together reportage and analysis, tracking developments in India and abroad while examining the broader social and economic currents shaping public discourse.Read MoreEnd of ArticleFollow Us On Social MediaVideos21-Year Search Ends As Jamui Police Arrest Double Murder Accused While Raiding House Of His Son‘Anti-National’ Gyanesh Kumar Must Resign: CJP’s Dipke, Saurav Das List 3 Demands Amid SIR-EC RowLoP Role ‘Largely Ornamental’?: SC Judges Split Over EC Appointment Law, Matter Sent To CJIRam Temple Donation Case: SIT Files 74,000-Page Chargesheet Against 8 AccusedSahil Wakode Death Case: CCTV Footage Surfaces; IIT Bombay Sets Up 10-Member Probe Panel’Illegal’ Changes to IT System Row: Timeline of Sandhu & Joshi’s Objections Over Form 6, ECINet, SIRVivek Joshi & SS Sandhu: The 2 Election Commissioners Who ‘Raised Objections’ Over SIR, Form-6CJP Takes On Election Commission After Report; Will This Lead To Next Jantar Mantar? | WatchCEC, ECs And The Power To Decide: What Happens When Election Commissioners Disagree?ECI’s ERONET Controversy: Voter Database Row, Software Errors & 17.6 Million Notices Raise Questions123Hot PicksIBPS PO Prelims Result 2026Bank strikeNEET PG ResultGold Rate TodayOctober 2026 School HolidaysSchool holiday todaySamastipur girl molestationTelangana school holidayMumbai-Pune ExpresswayCBSE Date SheetTop TrendingAsian Games Medal TallyRahul GandhiPowerball JackpotDelhi Hit and RunUP EncounterDonald TrumpPM ModiNaomi OsakaJoe ThomasSupreme Court
NEW DELHI: The Delhi High Court has held that proceedings under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed on the basis of a compromise between a child victim or the victim’s family and the accused.Justice Sachin Datta made the observation while dismissing a petition seeking quashing of an FIR and related proceedings on the basis of a settlement allegedly reached with the victim with the intervention of her family, according to news agency ANI.The court noted that the case involved allegations of aggravated penetrative sexual assault against a child by a person allegedly in a position of trust or authority. It observed that such offences are heinous and have a serious impact on society.The high court relied on a Supreme Court judgment which held that while a high court has inherent powers to quash criminal proceedings in appropriate cases where parties have settled their dispute, such powers must be exercised after considering the nature and gravity of the offence.
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The Supreme Court has held that heinous and serious offences, including rape, ordinarily cannot be quashed merely because the victim or the victim’s family and the accused have reached a settlement, as such offences are not private in nature and have a serious impact on society.Applying the principle, the Delhi high court held that an offence under the POCSO Act cannot be compromised by the child victim or the victim’s family. It said quashing the proceedings at this stage on the basis of a compromise would defeat the object of the statute and the ends of justice.
