Court emphasizes careful evaluation of victim's volition and genuine marital relationship before quashing criminal proceedings under POCSO Act.
In a significant ruling, the Delhi High Court, presided over by Justice Prateek Jalan, has dismissed a petition seeking the quashing of criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act), despite claims of a subsequent marriage between the accused and the victim. The judgment, dated May 7, 2026, underscores the necessity for a meticulous and sensitive examination of the facts surrounding such cases, particularly focusing on the victim's free will and the authenticity of the marital arrangement.
The petitioner, Sonu, sought the quashing of FIR No. 269/2022, registered under Sections 363, 376, 506 of the Indian Penal Code (IPC), along with Section 4 of the POCSO Act, on the grounds of a settlement following his marriage to the prosecutrix. The couple, who now have a child, argued that the proceedings should be annulled to preserve their marital harmony and the welfare of their minor child.
However, the Court, referencing its previous decision in Harmeet Singh v. State (NCT of Delhi), 2026 SCC Online Del 1707, held that the inherent jurisdiction to quash proceedings in cases involving heinous offences like rape demands an exception even in the face of compromise. The judgment highlighted that the prosecutrix had not consistently supported closing the case, nor had she claimed volition in the relationship since the inception of criminal proceedings. Additionally, the Court noted a clear violation of bail conditions by Sonu, who was prohibited from contacting the victim, yet proceeded to marry her during his bail period.
Justice Jalan emphasized the need for courts to be vigilant against misuse of compromise quashing by offenders, stressing that the evaluation of such petitions must ensure the victim's genuine autonomy and prevent deceitful evasion of legal consequences. The Court reiterated that the decision to quash proceedings must be founded on the best interests of the victim and any children born from the union.
The judgment serves as a reminder of the judiciary's role in safeguarding vulnerable victims and ensuring justice is not circumvented through strategic marital claims. As the trial court prepares to pronounce judgment, this decision marks a pivotal stance on the careful consideration required in cases under the POCSO Act.
Bottom line:-
Quashing of criminal proceedings under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) demands careful and sensitive consideration of facts, ensuring that the victim's volition and welfare, as well as the best interests of any children born from the union, are paramount.
Statutory provision(s): Protection of Children from Sexual Offences Act, 2012 - Section 4, Indian Penal Code, 1860 - Sections 363, 376, 506, Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528
Sonu v. State Of NCT Of Delhi, (Delhi) : Law Finder Doc id # 2894609
