Compromise Not a Basis to Quash FIR in Serious POCSO Act Offence: Kerala High Court
⚖️ Compromise Not a Basis to Quash FIR in Serious POCSO Offence: Kerala High Court
📌 Context
The Kerala High Court has held that in serious offences under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), an FIR cannot be quashed merely because the parties have reached a compromise or settlement.
This is because POCSO offences are crimes against society at large, not just private wrongs, and compromise between victim and accused cannot wash away the seriousness of the offence.
⚖️ Legal Principles
POCSO Act – Special Legislation
The POCSO Act deals with sexual offences against children and aims to protect their dignity and bodily integrity.
Offences are considered heinous and non-compoundable.
Section 320 CrPC (Compounding of Offences)
Only specific offences can be compounded with court permission.
POCSO offences are not compoundable, meaning compromise cannot erase criminal liability.
Section 482 CrPC (Inherent Powers of High Court)
High Courts have the power to quash FIRs “to prevent abuse of process of law or to secure ends of justice.”
However, in cases of heinous crimes (rape, child abuse, terrorism, corruption), this power must be exercised very cautiously.
📝 Kerala High Court’s Observations
Compromise ≠ Ground for Quashing
In POCSO cases, even if the complainant or victim agrees to settle (often due to family/social pressure), the offence cannot be quashed.
Crime Against Society
Child sexual offences damage the social fabric, and prosecution must continue irrespective of settlement.
Deterrence Purpose
Allowing compromise in such serious cases would send a wrong message and defeat the purpose of the POCSO Act.
📚 Important Case Laws
1. Gian Singh v. State of Punjab (2012) 10 SCC 303
SC held: Compromise can be a ground for quashing FIR in private disputes (like matrimonial or property disputes).
But in heinous offences (murder, rape, sexual assault), compromise is not permissible.
2. State of M.P. v. Laxmi Narayan (2019) 5 SCC 688
SC clarified: For serious and heinous offences, courts must not exercise power under Section 482 CrPC merely because parties have compromised.
3. Shimbhu v. State of Haryana (2014) 13 SCC 318
SC ruled: Rape cases cannot be settled by compromise or marriage with the victim. Such settlements are against public policy.
4. Kerala High Court (2024–25) – Recent Ruling
Held that FIR in serious POCSO offences cannot be quashed on the basis of compromise.
Stressed that child’s protection is paramount, and compromise cannot override the statutory mandate.
✅ Conclusion
POCSO offences are non-compoundable and heinous in nature.
High Courts cannot quash FIRs in such cases merely because the victim or family has reached a compromise with the accused.
The reasoning is based on public interest, child protection, and deterrence, not just the wishes of the parties.
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