By Tanishka Shah

The Kerala High Court has rejected a petition seeking to quash criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, holding that settlements between the accused and the victim or their parents cannot be a valid ground for termination of prosecution in serious sexual offence cases.

The case involved a 29-year-old accused charged under Section 376(2)(n) of the Indian Penal Code (IPC) and Sections 3, 4, 5, and 6 of the POCSO Act for engaging in sexual intercourse with a 17-year-old girl on two occasions. The matter came to light when the victim disclosed the incidents while appearing before the Judicial First Class Magistrate Court-II, Nedumangad, in connection with a separate missing case. Following this, the police registered a case and later filed a final report implicating the accused.

The accused sought to quash the proceedings, arguing that the allegations were false and coerced by the police. He submitted an affidavit signed by the victim before a Notary Public, stating that her statements to the police were made under duress. Additionally, he pointed out that the victim had previously filed an application before the Additional Sessions Court (POCSO), Thiruvananthapuram, to withdraw her statements, but the request was denied. Based on these claims, the petitioner contended that the victim’s willingness to retract her statements was sufficient grounds to terminate the proceedings.

The Kerala High Court, however, dismissed the petition, asserting that mere affidavits retracting allegations cannot replace a proper trial. The Court emphasized that Section 482 of the Code of Criminal Procedure (CrPC), which grants the High Court the power to quash proceedings, should be exercised sparingly and only in exceptional cases. It ruled that cases involving sexual offences under the POCSO Act have serious implications for society, and terminating prosecution on the basis of settlements would be detrimental to justice.

The Court observed that allowing such settlements would create a dangerous precedent where accused individuals could influence victims or their families to withdraw complaints, thereby obstructing justice. It reiterated that the primary objective of the POCSO Act is to protect children from sexual exploitation, and any dilution of this principle would defeat the purpose of the law.

Consequently, the Court dismissed the petition and directed that the trial proceed in accordance with the law.

Case title: Anand v. State of Kerala
Citation: CRL.MC NO. 2219 OF 2020

[Click here to read/download the judgment]