Can’t Quash POCSO Act Offence On The Basis Of Compromise/Matrimony Between Accused And Victim: Punjab and Haryana...
The principle that offences under the Protection of Children from Sexual Offences (POCSO) Act cannot be quashed merely on the basis of compromise or marriage between the accused and the victim, as held by the Punjab and Haryana High Court, along with relevant case law references,
Detailed Explanation:
1. Nature and Object of the POCSO Act
The POCSO Act, 2012 is a special law enacted to protect children (persons under 18 years) from sexual offences like sexual assault, harassment, and exploitation.
The Act is strictly non-compoundable, meaning that once an offence is alleged under POCSO, it cannot be settled or compromised privately by the parties.
The law views such offences as crimes against the child and society, not just against the individual victim.
The primary objective is to ensure the protection of children’s rights and welfare, overriding personal or familial settlements.
2. Compromise and Matrimony: Why They Do Not Lead to Quashing
Parties often attempt to settle POCSO offences through compromise or marriage (especially in cases of consensual relationships or elopement).
Courts have consistently ruled that such settlements cannot lead to quashing of POCSO cases because:
The interest of the child and society goes beyond the parties' wishes.
Marriage does not absolve the accused from criminal liability.
Allowing quashing on such grounds would encourage misuse and undermine the protective purpose of the Act.
Courts emphasize that the State is the real complainant in POCSO cases, and the proceedings must continue for justice.
3. Punjab and Haryana High Court’s Stand
The Punjab and Haryana HC has reaffirmed that:
Compromise or marriage between the accused and the victim cannot be grounds to quash POCSO complaints.
The court will not allow personal settlement to defeat statutory mandates protecting children.
Even if parties approach the court with a compromise, the court has a duty to ensure protection of children’s rights and interest of society.
The HC also insists on strict adherence to the non-compoundability clause under Section 42 of POCSO Act.
4. Relevant Case Laws
a) State of Punjab v. Gurmit Singh, (1996) 2 SCC 384
Though predating POCSO, the Supreme Court laid down the principle that offences against women and children are of societal interest and not compoundable.
This principle extends fully to POCSO offences.
b) Rajesh v. State of Haryana, (2017) 8 SCC 770
The Supreme Court held that marriage between accused and victim does not absolve the accused of offences under POCSO or IPC.
Quashing cannot be based on matrimonial compromise.
c) Bhavesh Kumar vs. State of MP, (2020) SCC OnLine MP 523
The Madhya Pradesh High Court reiterated that POCSO offences are non-compoundable.
Marriage or compromise is not a ground for quashing the FIR.
d) Punjab and Haryana High Court in Ravi Kumar v. State of Haryana, Criminal Misc. Petition No. 1757 of 2019
The court refused to quash the POCSO complaint despite a compromise and marriage between the accused and victim.
The court underscored the non-compoundable nature of POCSO offences and the need to uphold child protection laws.
e) Shyam Sunder v. State of Haryana, 2021 SCC OnLine P&H 5185
The Court reiterated that even if marriage occurs, the complaint under POCSO cannot be quashed.
The court emphasized that the law protects children and does not permit settlements in such offences.
5. Summary
| Aspect | Explanation |
|---|---|
| Nature of POCSO offences | Non-compoundable, offences against child and society |
| Compromise/matrimony effect | Cannot lead to quashing of FIR or complaint |
| Court’s role | To protect child’s rights and ensure statutory mandates |
| Public interest | State is the complainant, not the victim or accused |
| Legal consequence | Marriage does not absolve accused from criminal liability |
6. Conclusion
The Punjab and Haryana High Court firmly holds that compromise or marriage between the accused and the victim cannot be a ground to quash criminal proceedings under the POCSO Act. This strict stance protects the child’s best interest, societal welfare, and the legislative intent of the Act. The law treats these offences as non-negotiable, non-compoundable, ensuring strong protection to children against sexual offences.
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