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Offences Under Sec. 377 IPC And POCSO Act Against Small Children Cannot Be Settled By Compromise: Delhi High Court

Team SoOLEGAL 1 Feb 2021 4:11pm

Offences Under Sec. 377 IPC And POCSO Act Against Small Children Cannot Be Settled By Compromise: Delhi High Court

On Friday, 29th January, 2021, Delhi High Court had held that an FIR related to heinous offences against children under Section 377 of Indian Penal Code, 1860 and Section 4 of POSCO Act cannot be quashed on the ground that the parties have resolved the dispute between them or have entered into a compromise. Justice Subramonium Prasad was hearing a petition which was filed by the petitioner under Section 482 of Code of Criminal Procedure, 1973 for quashing of an FIR which was lodged against him under Section 377 of Indian Penal Code, 1860 and Section 4 of POSCO Act on 22nd November, 2019.

The father of a seven year old son had lodged an FIR after the son had complained to him that the accused had sodomised him after the father had left for work. According to the final report of the police, there was enough evidence to proceed with the case. After that, the accused had filed a petition in the Delhi High Court praying to quash the FIR as the parties have resolved the conflict between them due to the intervention of elder of the society and friends.

However, the Court was of the view that, as offences under Section 377 of Indian Penal Code, 1860 and Section 4 of POSCO Act are both non-compoundable offences hence, quashing of FIR under Section 482 of Code of Criminal Procedure, 1973 cannot be permitted.

According to the Court, the POSCO Act was enacted only to prevent sexual crimes against children. Except for POSCO no other Act is there to safeguard the interest and well being of the children. Offences under Section 377 of Indian Penal Code, 1860 and Section 4 of POSCO Act and also offences such as murder, rape, and dacoity cannot be said to be private in nature. The Court, therefore, had ruled that the FIR should not be quashed solely because the victim's father had agreed to enter into a settlement with the petitioner.   



Tagged: POCSO Act   Delhi High Court   Section 377   Indian Penal Code   Justice Subramonium Prasad   Code of Criminal Procedure  
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