POCSO cases can be quashed based on settlement in certain circumstances: Kerala HC.
(Source – Page 3, The Hindu International Edition (April 29, 2025)
| Topic: GS 2– Governance, Judiciary, Vulnerable Sections, GS-4 :- Ethics, Integrity & Human Values. |
| Context |
|
Key Observations by the High Court
- Merely because a case is registered under POCSO Act, it does not automatically preclude the court from quashing it if there is a genuine settlement.
- In the cited cases, the accused and survivors got married, and the families reached a mutual settlement.
- The High Court quashed two such cases, underscoring that the spirit of justice must prevail over procedural rigidity in exceptional scenarios.
Legal and Ethical Dimensions
- Section 482 of CrPC grants High Courts the power to quash criminal proceedings if continuing them would amount to abuse of process or result in injustice.
- POCSO Act, being a special law, typically does not allow compromise due to the age of the victim and seriousness of offences (e.g., sexual assault).
- However, non-heinous offences or cases involving consensual relationships near the age of consent, especially with post-facto marriage, have been reconsidered by courts on humanitarian grounds.
Mitigating Circumstances Considered
- Age proximity of victim and accused.
- Genuine relationship with consent.
- Subsequent marriage and cohabitation.
- Victim’s and family’s desire to end litigation.
- The trauma of prolonged trial versus the goal of rehabilitation.
Ethical Dilemma
- While justice to the victim is paramount, the court must weigh whether continuing a case serves corrective purpose or merely creates further trauma.
- Critics argue such leniency might dilute deterrence under POCSO and potentially be misused.
- The ruling shows a case-specific approach, not a blanket relaxation.
Way Forward
- Courts must uphold the best interest of the child and protection of dignity while exercising discretion.
- The government should issue clearer guidelines on quashing POCSO cases in limited circumstances.
- Emphasis should be placed on legal awareness, gender-sensitive education, and expeditious trials.
| Practice Question: In light of recent judicial observations, critically evaluate the scope of quashing proceedings under the POCSO Act in cases involving post-marriage settlement between the victim and the accused. Should such a provision exist? Justify your answer with legal and ethical reasoning. (Answer in 250 words). |
check more – In 2024, India’s military expenditure was nine times that of Pakistan: SIPRI.
