By Praneetha Shivaprasad

A single-judge bench of the Delhi High Court held that cases under the Protection of Children from Sexual Offence Act 2012 (POCSO) cannot be referred to mediation and cannot be settled or compromised through mediated agreements. In this case, a father sought the revival of his complaint under the POCSO Act against a relative concerning his two minor daughters, one aged 17 and one who had attained majority.  Since the parents desired a compromise, the Special Court referred the complaint to mediation wherein a settlement was reached. The complaint under section 8 of the POCSO was then  withdrawn by the petitioner-complainant. 7 years later the compliant petitioned the court to reopen the complaint. The court ruled that POCSO cases cannot be compromised since they were not compoundable offences. The court commented on the right of the survivor to participate in proceedings by stating that the court exhibited insensitivity by reopening the cases without making the survivors party to the proceedings.The petition was dismissed. (W.P.(CRL) 3080/2023)

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