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The Delhi High Court while declining to quash FIR registered for offences u/s Sections 354, 354D, 506, 509, 34 IPC and Section 10 POCSO Act has observed that FIR cannot be quashed on the ground that the victim after attaining majority has decided to compromise the matter with the accused.

“Exercising jurisdiction under Section 482 Cr.P.C to quash an offence under POCSO Act would go against the intention of the legislature which has brought out the special enactment to protect the interests of children," the Bench noted. 

In the present matter a compromise was entered into between the prosecutrix after she turned major, her mother & the accused(s)/petitioners to quash an FIR registered on 07.05.2018 when the prosecutrix was in Xth standard. 

The Court placed reliance on Gian Singh v. State of Punjab reported as (2012) 10 SCC 303, Narinder Singh & Ors. v. State of Punjab & Anr., (2014) 6 SCC 466, State of MP v. Laxmi Narayan & Ors (2019) 5 SCC 688 to observe that the power u/s 482 CrPC is to be distinguished from the powers which lie with the Court for compounding the offences compoundable u/s 320 of the Code. 

In this context, the Court also observed that, 

“No doubt, under Section 482 of the Code, the High Court has the power to quash even in those offences which are not compoundable, where the parties have settled the matter between themselves, but the power has to be exercised fairly and with caution. Offence of rape is a heinous crime punishable under Section 376 IPC," 

“Supreme Court has categorically stated that heinous crime like rape cannot be quashed by the High Court by exercising power under Section 482 Cr.P.C. even if the prosecutrix and the accused have entered into a compromise. The said judgments are binding on this Court under Article 141 of the Constitution of India. The petitioner is accused of an offence under POCSO Act," the Court remarked while declining to quash the FIR. 

Case Title: Dinesh Sharma & Ors v. State & Ors

Law Point/Statute Involved: Section 10 of Protection of Children from Sexual Offences (POCSO) Act, 2012 & Sections 354, 354D, 506, 509, 34 of the Indian Penal Code, 1860.