Allahabad High Court Rules POCSO Act Offences Stand Despite Compromise

In a significant ruling, the Allahabad High Court has decided not to dismiss the legal proceedings initiated under the Prevention of Children from Sexual Offences (POCSO) Act, emphasizing that a compromise between the accused and the victim cannot lead to the quashing of charges. This decision came to light in the case involving Sanjeev Kumar, who is facing accusations under the POCSO Act. Justice Samit Gopal, presiding over the matter, made it clear that the consent of a minor victim is irrelevant not only at the time of registering the offence but also at all subsequent stages, including any potential compromise.

The court's stance underscores the seriousness with which offences under the POCSO Act are treated, regardless of any agreement reached between the involved parties. The accused, Sanjeev Kumar, had approached the court with a plea to nullify the summoning and cognisance orders against him, alongside requesting a halt to the ongoing criminal proceedings in Azamgarh, Uttar Pradesh. His plea was based on a compromise reached with the victim post the filing of an FIR and subsequent investigation that led to his summoning for alleged offences including rape and causing miscarriage without consent.

Despite the victim's support for Kumar's petition, the state's counsel strongly opposed it, highlighting that the accusations against Kumar involved sexual assault over three years on a victim who was approximately 15 years old at the time of the alleged crimes. The state argued that given the nature of these allegations and considering that they fall under a special statute like POCSO, a compromise should not influence the continuation of prosecution.

The court, referencing various Supreme Court judgments, reinforced that offences alleged under special statutes like POCSO cannot be dismissed merely on the grounds of a compromise between the victim and the accused. This ruling sends a clear message about the non-negotiable nature of prosecuting offences under POCSO, ensuring that such serious allegations are thoroughly investigated and prosecuted irrespective of any agreements made outside of court.

This decision dated April 2 serves as a crucial reminder of the legal system's commitment to protecting minors from sexual offences and ensuring that justice is served without being swayed by extrajudicial settlements. The case in question was initially registered at Bilariganj police station in Azamgarh district, involving charges under sections 376 (rape), 313 (causing miscarriage without women's consent) among others of the IPC and sections 3/4 of the POCSO Act.