Compromise between parties for removing Pocso and Rape is illegal

Rape and POCSO cannot be quashed on the basis of any compromise entered into by the Parties and any such arrangement is illegal. It has been observed by the Allahabad High Court that it is not legally permissible to quash the rape and Protection of Children from Sexual Offences (POCSO) Act on the ground that the compromise has been entered between the accused and victim.

Compromise Legally Impermissible

In a landmark case, application was filed by the Applicant stating that victim has given statement u/s 161 and u/s 164 in favour of the accused and later they got happily married and basis this the counsel for the accused had stated that the FIR is false and he is innocent and fake FIR is lodged against him.

However, while the aforesaid criminal case was pending, the applicants and opposite party no.2 have settled their dispute amicably and it was further argued that the victim and accused were happily married as husband and wife.

Court has stated that the victim was a child on the occurrence of the incident hence, the crime has definitely occurred. Therefore, the court says that compromise between the victim and accused is impermissible in the law.

Can Proceedings be Quashed?

State (NCT of Delhi) v. Rathish Babu Unnikrishnan, it is stated that “the Court must be slow to dismiss a claim at a pre-trial stage, where a factual dispute remains within an area of possibility especially due to a legal assumption, as in this matter.

In the landmark case of Om Prakash V. State of U.P. & Anr., it was held that criminal trials u/s 367 I.P.C. and u/s ¾ POCSO Act cannot be quashed on the basis of any agreement  entered between the present accused  and the victim. 

Supreme Court Observations

Court says whenever a clear case is made out for the alleged offence criminal proceedings cannot be quashed merely on the ground that “no useful purpose will be served by prolonging the case.”  

The same has been held in the case of “Satish Kumar Jatav V. State of U.P.”

Apex Court through landmark case of “Narinder Singh & Ors. V. State of Punjab and Anr.” explained that offence reported under u/s 376 I.P.C., though committed in respect of a particular woman, cannot be defined as a private dispute between the parties as it is the crime against the state.
Lead India has a team of expert lawyers who can guide you very well about the consequences of applicability of POCSO or section 376 IPC and you can talk to lawyers of Lead India for the expert legal advice.