Compromise In Child Sexual Abuse Cases under the POCSO Act Cannot Quash Charges

10th April

Compromise In Child Sexual Abuse Cases under the POCSO Act Cannot Quash Charges

By Surabhi

The Allahabad High Court recently ruled that child abuse cases under the POCSO Act cannot be dismissed through a compromise between the accused and the victim. Justice Samit Gopal stated that the minor victim’s consent is irrelevant for registering the offense or reaching a compromise. The Court rejected a plea to quash charges against an accused facing allegations of rape and non-consensual miscarriage, emphasizing that compromises in such cases are unacceptable. The prosecution argued that the accused had subjected the victim to sexual assault over three years, starting when she was around 15. The Court upheld this stance, citing a Supreme Court precedent. Consequently, the plea was denied. Senior Advocate Prem Prakash and Advocate Doodh Nath Yadav represented the accused, while Government Advocate Ramesh Kumar represented the opposing party. [Citation 2024:AHC:56128]

Click here to read/download the order