In a significant ruling reinforcing the sanctity of child protection laws, the Delhi High Court has firmly stated that sexual offences against minors cannot be nullified merely because the parties involved have reached a settlement or even decided to marry. The court recently dismissed a plea seeking the quashing of a First Information Report (FIR) registered under the stringent Protection of Children from Sexual Offences (POCSO) Act.
Court's Stern Stance on Compromise in Child Abuse Cases
Justice Amit Mahajan, presiding over the case, delivered a clear and uncompromising verdict. The court emphasized that offences of a sexual nature involving children cannot be extinguished simply for the convenience of the parties or because the victim later chose to marry the accused. The judge noted that any such compromise or subsequent marriage does not automatically erase the severity of the crime or wipe out the seriousness of the allegations.
The bench explicitly stated that such acts cannot be legitimized or condoned through the exercise of the High Court's inherent jurisdiction. This power, outlined under Section 528 of the newly enacted Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which deals with the powers to quash an FIR, cannot be used to bypass the gravity of crimes against children.
Details of the Case and the Court's Reasoning
The case stemmed from an FIR registered against the accused under Section 376 (Rape) of the Indian Penal Code and Section 6 (aggravated penetrative sexual assault) of the POCSO Act. The charges were filed after a minor girl gave birth to a child. The accused, in his plea to the High Court, submitted that he and the survivor had subsequently married and sought to get the FIR quashed on the basis of a settlement between them.
While acknowledging the circumstances, Justice Mahajan expressed sympathy for the plight of the parties. However, the court maintained that sympathy cannot override the principles of justice and the specific intent of special legislation like POCSO. The ruling was delivered on December 4, 2025, setting a crucial precedent for how courts should handle attempts to compromise in cases of child sexual abuse.
Broader Implications for POCSO Jurisprudence
This judgment sends a powerful message about the non-negotiable nature of crimes against children. It underscores that the POCSO Act is a special law designed with a zero-tolerance policy towards child sexual abuse, and its provisions cannot be diluted through private settlements. The court's refusal to quash the FIR reinforces the idea that the state has a paramount interest in prosecuting such offences, irrespective of the victim's family's or the victim's own subsequent decisions.
The decision also provides early guidance on the application of the new Bharatiya Nagarik Suraksha Sanhita, 2023, particularly concerning its quashing powers, clarifying that they are not a tool to undermine laws created for the protection of the most vulnerable. Legal experts view this as a landmark ruling that will deter attempts to settle serious POCSO cases out of court and ensure that the judicial process takes its full course.
