HC: Rape case can’t be quashed even after ‘pact’

HC: Rape case can’t be quashed even after ‘pact’

TIMES NEWS NETWORK

New Delhi:01.04.2021

Delhi High Court has refused to quash criminal proceedings against three men booked under POCSO Act for sexually harassing a minor girl.

Though the minor, now an adult, and her family reached a compromise with the accused men, who are distantly related to her, the court made it clear “there can be no letup in prosecuting a heinous crime.”

“It is well-settled that the power under section 482 CrPC is to be distinguished from the one that lies with the court to compound the offences compoundable under CrPC Section 320. No doubt, under Section 482, the high court has the power to quash even in those offences that are not compoundable, where the parties have settled the matter between themselves, but the power must be exercised fairly and with caution. Rape is a heinous crime punishable under Section 376 IPC,” justice Subramonium Prasad noted, declining any relief to the accused.

The court was hearing a plea by Dinesh and others, which said that a compromise had been entered into between the girl, her mother and the petitioners. The plea urged the court to intervene and quash the FIR. Instead, the court noted that any move to quash an offence under POCSO Act would go against the intention of the legislature, which had brought out special enactment to protect the interest of children.

“The FIR cannot be quashed on the ground that the victim, after attaining majority, has decided to compromise the matter with the accused,” it noted, and cited the Supreme Court, which has categorically said that heinous crime like rape could not be quashed by the high court by exercising power under Section 482 CrPC even if the parties had reached a compromise.

According to police, the survivor’s mother had lodged an FIR in 2018 for offences punishable under IPC sections 354, 354D, 506, 509, 34 IPC and Section 10 of POCSO Act. She informed police that Dinesh had come to stay with the family while he was looking for a job and had tried to molest the girl. When she raised the alarm, he apologised. Later, in 2017 when the family went to Punjab to attend a wedding, Dinesh and his two nephews harassed her. They even tried to drag her into a room and threatened her to cooperate else her nude photographs would be made public, the complaint said.

When she again informed her parents about the harassment, her mother rebuked the accused and decided to approach police. A case was then registered at the Shakarpur police station.

DELHI HIGH COURT SAYS

Any move to quash an offence under POCSO Act will go against the intention of the legislature, which had brought out special enactment to protect the interest of children...The FIR cannot be quashed on the ground that the girl, after attaining majority, has decided to compromise the matter with the accused