As per case facts, an FIR was lodged against the Petitioner for enticing away a 13-year-old minor victim, leading to charges including rape and POCSO Act violations. The Petitioner and ...
CRM-M-2921-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CRM-M-2921-2025 (O&M)
Date of Decision:29.07.2025
Raj Mangal Mehto
....Petitioner(s)
Versus
State of Haryana and others
.....Respondent(s)
CORAM: HON’BLE MR. JUSTICE JASGURPREET SINGH PURI
Present: Mr. Akshit, Advocate, for the petitioner.
Mr. Surinder Kumar Dagar, DAG, Haryana.
Mr. Ashish Bansal, Advocate as Amicus Curiae.
Mr. Shivam Sharma, Advocate, for respondents No.2 and 3.
****
JASGURPREET SINGH PURI
, J.
1. A significant issue which has arisen in the present petition is
with regard to whether there can be quashing of FIR based upon compromise
between the parties where the allegations are pertaining to offence of rape
committed upon a minor girl attracting provisions of POCSO Act.
2. The present petition has been filed under Section 528 of BNSS,
2023 (earlier Section 482 Cr.P.C.) for quashing of FIR No.587 dated
30.08.2013, under Sections 363, 366-A and 34 IPC (Sections 376 IPC and
Section 4 of POCSO Act added later on), registered at Police Station Sadar,
Gurugram on the basis of compromise (Annexure P-2) with the victim and
the complainant.
Facts of the case
3. On 30.08.2013, FIR was lodged vide Annexure P-1 by
respondent No.2 against the present petitioner by alleging that he has enticed
CRM-M-2921-2025 (O&M) -2-
away his daughter of the age of 13 years to some unknown place. It was
alleged that on 08.07.2013, the daughter of the complainant left her house
and has not come back till date and the present petitioner is also not present
at his house and the complainant has got information that the petitioner
along with his friends who live with him in the same room has enticed away
his daughter and taken her somewhere and his daughter is in their custody.
The aforesaid FIR which has been attached with the present petition as
Annexure P-1 is reproduced as under:-
“HARYANA POLICE CITIZEN SERVICES
FIRST INFORMATION REPORT
(Under Section 154 Cr.P.C.)
1.District: Gurgaon
Police Station: Gurgaon Sadar Year 2013
FIR No.587 Dated: 30.08.2013
2. Act (s) Section(s)
1. Indian Penal Code, 1860 363
2. Indian Penal Code, 1860 366
3. Indian Penal Code, 1860 34
4. Indian Penal Code, 1860 376
12. FIR Contents (attach separate sheet, if required):
"To, Respected DCP Sir, East Gurgaon, Subject: Complaint
against Raju Mehto @ Raj Mangal Mehto S/o Vibhai Mehto
Presently Residing at Rajiv Colony, Gurgaon, Gali no. 2 and
against his companions regarding the enticing the daughter of
the applicant at some unknown place whose age is about 13
years. Sir, it is respectfully submitted that, I applicant namely
Ganesh Chaudhary is presently residing at Rajiv Colony, House
no. 27/A Naharpur Rupa, Gali no. 1, Gurgaon Haryana and my
permanent address is village Chobadlia, Post Gheghva, Police
Station Madhuban Tetria Factory, District Motihari, Eastern
Champaran Bihar. That I submit as follows: 1. Sir on dated
08.07.2013, my daughter namely xxxx aged about 13 years
CRM-M-2921-2025 (O&M) -3-
suddenly left her house and she has not come back till now. 2.
Sir, the abovementioned accused namely Raju Mehto alias
Mangal is also not present in his house since then and I have got
an information that the abovementioned Raju Mehto alias Raj
Mangal along with his friends who are living with him in the
room has enticed my daughter and taken her to somewhere and
my daughter is in the custody of them. That the name and
address of the friends of Raju Metho alias Raj Mangal Mehto are
as follows: 1. Raju Metho alias Raj Mangal Metho S/o Sh.
Bibhai Mehto, permanent address: Village Bokane Bakda
Pokhara, Police Station Patahi, District Mohihari, Eastern
Champaran Bihar. 2. Hari Mehto S/o Sh. Ram Asre Mehto,
permanent address: Bokani Khurd, Police Station Patahi District
Mohihari, Eastern Champaran Bihar. 3. Dinanath Metho S/o Sh.
Khakhan Mehto permanent address: Kodaria Police Station
Madhuban District Motihari, Eastern Champaran, Bihar. 4.
Shatrugan Metho, S/o Chander Mehto permanent address:
Bokani Khurd, Police Station Patahi District Mohihari, Eastern
Champaran Bihar. 5. Chattu Mehto S/o Sh. Ram chander Metho
permanent address: Bokani Khurd, Police Station Patahi District
Motihari, Eastern Champaran Bihar. Sir, we have lodged the
complaint in Police Station Sadar Gurgaon, in which we gave
information regarding Hari Mehto and Shatrugan Metho to
Police staff in Police Station Sadar Gurgaon. However, the
police staff has caught the abovementioned persons and released
them without any interrogation and my daughter whereabouts
are still unknown and no action has been taken against the
abovementioned accused. Whenever, I approach Police Station
Sadar Gurgaon to ask about my daughter and abovementioned
accused then they scold me and always send me back from the
Police Station. Even after the lapse of about 2 months the
whereabouts of my daughter is still unknown. It is requested to
you that, an FIR may kindly be registered against the
abovementioned accused and a search may kindly be conducted
of my daughter namely xxxx aged about 13 years, as soon as
CRM-M-2921-2025 (O&M) -4-
possible who is in the custody of the abovementioned accused
and the abovementioned accused has enticed my daughter away.
I shall very be thankful to you. Dated 30.08.2013. Applicant Sd/-
Ganesh."
14. Signature/Thumb Impression Signature of Officer
Or the complainant/Infomant:- in charge of Police Station
Name: Virender
Rank: P/SI
No. 00000061”
4. The present petition has been filed for quashing of the aforesaid
FIR on the basis of compromise which has been stated to have been entered
into by the brother of the petitioner with the respondents who are the
complainant and the victim. The aforesaid compromise which has been
attached along with the present petition as Annexure P-2 is reproduced as
under:-
“COMPROMISE DEED
This Compromise Deed is made on this day 03rd June 2024
between
1. Mr. Ganesh Chudhari (Aadhar No.234232846918) S/o Sh.
Shankar Chudhari R/o Dhobaliya, Tetaria, East Champaran,
Bihar 845436.
2. xxxx (Aadhar No.676980617307) D/o Mr. Ganesh
Chudhari and W/o Sh. Raj Mangal Mahto R/o Bokano Kala,
East Champaran, Bihar 845414 (hereinafter referred as
First Party of the Memo)
And
Mr. Raj Mangal Mahto (Aadhar No.746032205943) S/o Sh.
Vishwrath Mahto resident of Bokano Kala, East
Champaran, Bihar 845414 (IN JUDICIAL CUSTODY)
through his real brother and guardian Mr. Raju Mahto
(Aadhar No.428832579536) S/o Sh. Vishwnath Mahto
resident of Bokano Kala, East Champaran, Bihar referred as
CRM-M-2921-2025 (O&M) -5-
Second Party of the Memo) 845414 (hereinafter referred as
Second Party of the Memo)
The expression first party and second party of respective
parties shall mean and include themselves only.
WHEREAS the first party i.e. father of Victim xxxx, has lodged
two FIR No. 587 / 2013, U/s: 363/366 IPC and Under Section
4/12 of POCSO Act. in, P.S. Sadar, Gurugram and FIR No.
419 / 2014, U/s: 363/366 IPC and Under Section 4/12 of
POCSO Act. in, P.S. Sadar, Gurugram against second party
Mr. Raj Mangal Mahto i.e. accused and the matter is pending
before the court of Sh. Ashwani Kumar Mehta, ASJ,
Gurugram.
AND WHEREAS now the parties have decided the matter
amicably due to the intervention of the elders and respectable
persons, friends and well wishers of the following terms and
condition:-
NOW THIS COMPROMISE DEED WITHESSES AS UNDER:-
1. That the First Party admitted that her daughter xxxx i.e.
Victim got married with the second party i.e. accused Raj
Mangal Mahto with her own wish and has also admitted that
her daughter was aged about 18 years at the time of leaving
the home with accused Mr. Raj Mangal Mahto. The First party
admitted that her daughter is living with second party i.e. Raj
Mangal Mahto for the last 11 years in house of accused Raj
Mangal Mahto at Bokano Kalan, East Champaran, Bihar in a
happy married life and she is having four kids namely Ankita
Kumari, Gulshan Kumar, Ripu Kumar and Kartik Kumar out
of this wedlock.
2. That the First Party i.e. father of Victim has also admitted
that her daughter got married with second party i.e. Raj
Mangal Mahoto with her own wish and without any pressure.
The First Party further admitted that he has lodged the alleged
FIR No.587 & 419 due to some misunderstanding and out of
love and affection with her daughter and the First Party is
now agreed to quash/cancel the said FIR no.587 & 419 of P.S.
CRM-M-2921-2025 (O&M) -6-
Sadar, Gurugram. The parties further undertake that they will
not have any kind of ill will and grudge against each other.
This Compromise Deed is in benefit and best interest of the
parties. If any other litigation stands pending against second
party Mr. Raj Mangal Mahto, the same shall be withdrawn in
pursuance of the present compromise deed by the parties
concerned at his risks and costs.
3. That the parties to the present Compromise deed have
signed in the presence of two witnesses voluntarily and
without any force, fraud, pressure, undue influence and
coercion from any corner.
This Compromise Deed is hereby signed by the parties on this
03rd day of June 2024.
FIRST PARTY SECOND PARTY
1. Ganesh Chudhani Raj Mangal Mahto
(In judicial Custody)
through his real brother
and guardian Sh. Raju
Mahto
2. XXXX
Submissions made by learned counsel
for the petitioner
5. Mr. Akshit, learned counsel appearing on behalf of the
petitioner submitted that even though, as per the FIR, the age of respondent
No.3-victim was 13 years at the time of alleged occurrence and the
allegations against the petitioner were that the victim was enticed away by
the petitioner and thereafter, they got married to each other but now the
matter has been amicably settled between the parties with the intervention of
the respectables and it has been stated in the compromise that the FIR was
lodged on the basis of some misunderstanding and the trial is still pending.
CRM-M-2921-2025 (O&M) -7-
He submitted that considering the fact that the matter has been compromised
between the parties, the present FIR may be quashed on the basis of
compromise. He further submitted that respondent No.3-victim had left her
house on her own free will and got married with the petitioner and thereafter,
four children were born out of the said wedlock and the victim has otherwise
also attained the age of majority and therefore, considering the facts and
circumstances of the present case whereby the petitioner and respondent
No.3-victim have already got married to each other and four children were
born out of the wedlock, it will be just and proper in case the FIR is quashed
on the basis of compromise so as to prevent miscarriage of justice. He also
submitted that although the petitioner is in judicial custody but the same
itself is not a ground for proceeding further with the trial of the case because
of the aforesaid reason that the matter has been voluntarily settled between
the parties. He also submitted that since the petitioner is in judicial custody,
the compromise was arrived at between the brother of the petitioner on the
one hand and the complainant and victim on the other hand. He submitted
that although the compromise was arrived at with the brother of the
petitioner but at the same time, the present petition has been filed by the
petitioner himself and not through his brother and therefore, there is no bar
for quashing of the FIR on the basis of compromise.
6. Learned counsel has further argued that with regard to the
marriage of the petitioner with respondent No.3-victim, a marriage
certificate has been attached along with the present petition as Annexure P-3,
which clearly shows, that the aforesaid certificate dated 10.06.2016 has been
issued by the competent authority by stating that the marriage has been
registered with effect from 15.06.2013. The aforesaid marriage certificate
CRM-M-2921-2025 (O&M) -8-
has been issued by Marriage Officer, Motihari, in the State of Bihar. He
further submitted that although the offence alleged against the petitioner
pertains to the offence of rape but since the petitioner and respondent No.3
have already got married and have four children out of the wedlock, no
useful purpose will be served in case further prosecution is carried on,
considering the peculiar facts and circumstances of the present case.
7. Learned counsel also submitted that minor children born out of
the wedlock need love, care and support of both the parents for their
emotional, physiological and financial well-being and continuation of the
criminal proceedings when both the parties have compromised with each
other and have been living peacefully would disrupt their lives and cause
irreparable harm to the minor children which will further destabilize the
family, creating an environment of uncertainty and distress and would also
negatively impact the development of the children and their future prospects.
He submitted that when, in a given case, children are born out of the
wedlock, the Courts should adopt a pragmatic and compassionate approach
because the pendency of criminal prosecution will hamper the upbringing of
the children. He also submitted that the inherent powers of the High Court
under Section 482 Cr.P.C. and 528 of BNSS, 2023 are aimed at ensuring
justice and preventing misuse of legal process and when a dispute involves
a matrimonial dispute or a family dispute, then for the purpose of
preservation of harmony in the family, continuation of criminal proceedings
should not be permitted.
8. Learned counsel relied upon a Full Bench judgment of this
Court in Kulwinder Singh versus State of Punjab, 2007(3) RCR Criminal
1052 to contend that there is no exhaustive list for the purpose of enabling
CRM-M-2921-2025 (O&M) -9-
the High Court to invoke its inherent powers for the purpose of quashing of
FIR based upon compromise and that the powers under Section 482 Cr.P.C.
are unlimited, although the power is to be exercised sparingly and with
utmost care and caution depending upon the facts and circumstances of each
and every case. He also referred to a judgment of this Court in Rizwan Saifi
Versus State of Punjab and another, 2017(1) Law Herald 770.
9. Learned counsel for the petitioner has further referred to a
judgment of Hon’ble Supreme Court in K. Dhandapani Versus State by
Inspector of Police, 2022(2) RCR (Criminal) 987, another judgment of this
Court in Devender Nath Versus Stateof U.T Chandigarh and others, 2024
SCC Online P&H 2034, Vicky Versus State of Haryana, 2024 (3) Law
Herald 2026 and Parampreet Singh @ Harry Versus State of Punjab and
others, CRM-M-35578-2020, decided on 21.03.2022. Thereafter, he also
referred to a recent judgment of Hon’ble Supreme Court in Shri Ram Urav
Versus State of Chattisgarh, Criminal Appeal No.41/2021, decided on
30.01.2025 and submitted that there is no bar for quashing of the FIR even
in rape cases based upon compromise and therefore, the aforesaid FIR may
be quashed based upon compromise and in the interest of justice.
Submissions made by learned
State counsel
10. On the other hand, Mr. Surinder Kumar Dagar, learned Deputy
Advocate, Haryana has opposed the quashing of the FIR in the present case
based upon compromise. While making his submissions, he also referred to
the reply filed by the Assistant Commissioner of Police, Sadar Gurugram on
behalf of the State of Haryana and submitted that in the present case, the
petitioner is facing trial for serious and heinous offence which is also non-
compoundable. He submitted that when the FIR was lodged on 30.08.2013,
CRM-M-2921-2025 (O&M) -10-
the same was lodged under the provisions of Sections 363, 366-A and 34 of
IPC and later on offences under Section 376 of IPC and Section 4 of POCSO
Act were added during the course of investigation. He submitted that
respondent No.3-victim was a minor at the time of occurrence of the age of
only 13 years. While referring to the reply, he submitted that on 11.11.2013,
the petitioner was apprehended from Village Bokane, Police Station Patai,
District Motihari, Bihar and the minor victim was also recovered from the
custody of the petitioner. The petitioner was produced before the learned
Judicial Magistrate First Class, Motihari and his transit remand was obtained
and the minor victim was also brought back to Gurugram. The matter was
further investigated and the victim girl child was also subjected to medico-
legal examination. Her statement was also recorded under Section 161
Cr.P.C. and accordingly, offences under Section 376 of IPC and Section 4 of
POCSO Act were added and the biological samples collected were sent for
forensic analysis. Thereafter, the statement of victim was also got recorded
under Section 164 Cr.P.C. before the learned Magistrate and her custody was
handed over to her parents. So far as the involvement of the other co-
accused is concerned, their complicity was not found in the act of enticing
and kidnapping the minor child and therefore, the other co-accused were not
challaned by the Investigating Agency.
11. Learned State counsel further submitted that consequent upon
completion of the investigation, final report under Section 173(2) Cr.P.C.
was filed before the learned competent Court on 26.12.2013 qua the present
petitioner for commission of offences punishable under Sections 363, 366-A,
376 of IPC and Section 4 and 12 of POCSO Act. The petitioner was
thereafter charge-sheeted by the learned trial Court on 16.05.2014 and now
CRM-M-2921-2025 (O&M) -11-
the case is fixed for defence evidence, if any, and for arguments. While
further referring to the reply filed on behalf of the State of Haryana, he
submitted that when the petitioner was granted the concession of regular bail
during the course of trial, he misused the concession so granted and absented
himself from the proceedings before the learned trial Court and thereafter,
proceedings under Section 82 Cr.P.C. were resorted to and ultimately, the
petitioner was declared as a proclaimed person vide order dated 19.12.2014.
Thereafter, the petitioner was apprehended by the police on 21.12.2023 from
Amritsar after a long gap of 9 years after having been declared as a
proclaimed person by the learned trial Court.
10. Learned Deputy Advocate General further submitted that the
petitioner was also found to be involved in the commission of a similar
offence against the same victim i.e. respondent No.3, in which FIR No.419
dated 06.06.2014 was registered at Police Station Sadar, Gurugram for the
commission of offences punishable under Sections 363, 366-A of IPC and
Section 4 of POCSO Act and in that case also, the petitioner was arrested on
30.11.2014 and the matter is still under investigation. He submitted that
subsequent FIR was registered against the same petitioner pertaining to a
similar offence against the same victim which would show that there was no
compromise between the parties at that point of time and that he repeated the
offence with the same victim. He also submitted that the compromise relied
upon by the petitioner was recently entered into on 03.06.2024 as per
Annexure P-2, which was not even entered into by the petitioner himself but
through his brother and therefore, the same has no sanctity in the eyes of
law. He submitted that the petitioner had enticed away and kidnapped a
minor girl of the age of 13 years and was apprehended from Village Bokane,
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District Motihari, Bihar after a gap of more than 4 months and he ravished
the victim girl child while she was held in captivity by him and repeated the
same offence against the same victim as aforesaid.
12. Learned Deputy Advocate General further submitted that so far
as the compromise arrived at between the parties in the year 2024 (Annexure
P-2) is concerned, the same cannot come to the aid of the petitioner
considering the aforesaid facts and circumstances of the present case and
also in view of the fact that the law in this regard as to whether in such like
cases involving the offence of rape and particularly when the provisions of
the POCSO Act are involved, the FIR cannot be quashed based upon
compromise. In this regard, he referred to a judgment of Hon’ble Supreme
Court in Ramji Lal Bairwa and others Versus State of Rajasthan and
others, Criminal Appeal No.3403 of 2023, decided on 07.11.2024 and
submitted that it is a settled law that in such like offences there can be no
quashing of FIR based upon compromise and therefore, the present petition
is liable to be dismissed being fully covered by the aforesaid judgment of
Hon’ble Supreme Court. He also submitted on instructions that at the time of
trial, respondent No.3-victim had rather supported the prosecution version
and trial is at the fag end as is fixed for defence evidence, if any or for
arguments.
Submissions made by learned counsel for
respondents No.2 and 3
13. Mr. Shivam Sharma, learned counsel appearing on behalf of
respondents No.2 and 3, who are the complainant and the victim respectively
submitted that respondents No.2 and 3 have filed separate replies by way of
affidavits before this Court. He referred to the reply filed by the complainant
dated 17.03.2025, wherein it has been stated by him that the FIR was
CRM-M-2921-2025 (O&M) -13-
registered on the complaint of the complainant due to alleged abduction of
his minor daughter who was 13 years old at the time of incident. However,
over the years, the circumstances have drastically changed and rigid
application of law in this case would lead to severe injustice rather than
serving the purpose of justice and that the victim and the petitioner are now
legally wedded and have four children born out of the said wedlock. The
victim, now a mother, is facing extreme hardship as the sole caretaker of the
minor children while her husband is behind the bars leaving the family in
distress and financial turmoil. While further referring to the reply filed by
the complainant, he submitted that the children, who have no role in the past
allegations, are now facing an uncertain future with their father in jail and
their mother struggling to provide necessities to them and that now since the
petitioner and the victim have willingly and voluntarily entered into a
compromise with each other without any coercion or pressure, a prayer was
made to allow her to live peacefully with her husband and provide
necessities to her children.
14. He also referred to reply by way of an affidavit filed by
respondent No.3-victim, wherein she also stated that she had been living
with the petitioner as his legally wedded wife for several years and they have
four children from their marriage and over time, their relationship has grown
and they have built a family together overcoming various challenges and that
the victim being a wife and mother is now facing immense emotional,
financial and societal hardship due to incarceration of her husband and the
absence of the father of the children is causing extreme distress to the family
and depriving the children of a stable and nurturing environment. While
further referring to the reply, he submitted that with the passage of time, the
CRM-M-2921-2025 (O&M) -14-
victim has accepted her marital life with the petitioner and is now struggling
to protect her family from disintegration and therefore, the continuation of
criminal proceedings against her husband will serve no purpose other than
adding to the family’s miseries. While further referring to the reply, he
submitted that a sympathetic and humane approach may be taken and the
present FIR may be quashed for the well-being of the victim and her
children.
Submissions made by learned
Amicus Curiae
15. Mr. Ashish Bansal, Advocate was appointed as Amicus Curiae
by this Court vide order dated 03.02.2025 to assist this Court on the
proposition of law pertaining to the quashing of FIR based upon
compromise in such like matters. He submitted that although it has been
stated by the victim and the complainant that after the occurrence in the year
2013, the petitioner and the victim have married with each other and four
children have been born out of the wedlock but at the same time the criminal
trial is at the fag end and as per the State, it is now fixed for defence
evidence, if any, or for arguments. He further submitted that as per the
learned State counsel, initially the victim had supported the prosecution
version before the learned trial Court.
16. While addressing arguments, the learned Amicus Curiae
submitted that on this issue of law pertaining to the quashing of FIRs based
upon compromise in rape and POCSO matters not only the law settled by
Hon’ble Supreme Court is required to be considered but also the recent
tendency to file petitions seeking to invoke extraordinary jurisdiction of
High Court for quashing of FIR in such like cases should also be considered.
He submitted that there is no dispute with regard to the proposition that the
CRM-M-2921-2025 (O&M) -15-
offence of rape is not only serious but also a heinous offence and it cannot
be considered to be a private offence since it affects the society and the
public at large. In case the society accepts the culture of compromise for
such heinous and serious offences by seeking validation from the
Constitutional Courts, then it will increase the tendency of non-reporting of
crimes, which will be far more harmful for the safety of people. The
reporting/disclosing of the offence of rape is a very difficult exercise for a
victim and her family which may eventually be reduced if there is a
validation of compromise in such like matters. He further submitted that in
fact acceptance of compromise in offences like rape with children will lead
to increase in child marriages and the parents may force the victim and the
accused to get married to avoid burden of marriage prospects for the victim
girl and to avoid reporting/investigation process and other consequences
which will be detrimental to the society at large. He submitted that in the
present case, the victim was of the age of 13 years at the time of alleged
incident and did not understand anything being of a tender age. In fact, from
the age of 13, the phase of teen age starts and slowly a teenager starts
understanding each and everything based upon exposure towards society and
upbringing but at the tender age of 13 years, it cannot be said that the victim
has any mature understanding. There is a remarkable difference between the
age of 13 years and the age of more than 13 years in terms of the level of
understanding and maturity for a minor child. Marriage of a victim with the
accused will also deprive the victim's right to make an informed choice
about marriage. In fact, it is by compulsion from both the sides i.e. from the
parent’s side to avoid any societal pressures and from the accused side to
evade criminal prosecution with a result that the victim girl remains with no
CRM-M-2921-2025 (O&M) -16-
alternative but to marry the accused which is again detrimental to the
societal set up and detrimental to her own right to get married by her own
choice.
17. Mr. Bansal further submitted that the Courts and the State are
also to protect and understand the rights of the minors by performing the role
as parens patriae and such kind of compromise deeds which have been
relied upon by the petitioner will act as a loophole in the justice system and
would rather be an abuse of the Justice Delivery System. Benevolent
acceptability of marriages in rape prosecutions needs to be dealt with an
iron hand especially in view of the law laid down by Hon’ble Supreme
Court in numerous judgments.
18. He further submitted that even a perusal of the compromise
deed attached along with the present petition as Annexure P-2 would show
that the compromise has been entered into by the brother of the petitioner
and not by the petitioner himself, even though he is in judicial custody. The
compromise was affected at a very late stage when the evidence was
complete and it may have been entered into in order to avoid punishment, if
any. The brother of the petitioner, victim and the complainant have entered
into a compromise as per Annexure P-2 although the offence is a serious
and heinous offence against the State and against the society at large and
therefore, on this ground as well such kind of compromises cannot be given
any effect and are not enforceable being opposed to public policy.
19. Mr. Bansal referred to a number of judgments in support of his
submissions. He referred to the judgments of Hon’ble Supreme Court in
Shimbhu Versus State of Haryana, 2014(13) SCC 318, State of Madhya
Pradesh Versus Madan Lal, 2015(7) SCC 681, State of Madhya Pradesh
CRM-M-2921-2025 (O&M) -17-
Vs. Laxmi Narayan and Others 2019 (2) SCC (Crl.) 706,, K. Dhandapani
Versus State, by The Inspector of Police, 2022(2) RCR (Criminal) 987, Re:
Right to Privacy of Adolescents matter, Suo Motu Writ Petition No.3 of
2023, decided on 20.08.2024, Ramji Lal Bairwa and others Versus State
of Rajasthan and others, Criminal Appeal No.3403 of 2023, decided on
07.11.2024 and Shri Ram Urav Versus State of Chattisgarh, Criminal
Appeal No.41/2021, decided on 30.01.2025. He also referred to two
judgments of this Court in Devender Nath Versus State of U.T Chandigarh
and others, 2024 SCC Online P&H 2034 and Earndeep Kaur @Irandeep
Kaur and another Versus State of Punjab and another, CRM-M-13795-
2024. He submitted that considering the law laid down by Hon’ble Supreme
Court in the aforesaid judgments, there cannot be quashing of FIR based
upon compromise when the offence involved is the offence of rape and
POCSO Act.
Analysis of the arguments raised by learned
counsels for the parties
20. Various theories of punishment have been resorted to at
different phases of evolution of Legal System. This signifies that as societies
and their legal frameworks developed over time, different philosophies
pertaining to the purpose and method of punishing offenders have evolved.
21. One such theory which is recognised in established principles of
criminal jurisprudence is the Deterrent Theory of Punishment and is founded
upon the doctrine that punishment is not solely imposed for the commission
of a wrongful act already perpetrated, but also serves as a cautionary
mechanism which is aimed at preventing the commission of similar
offences in the future, either by the offender himself or by members of
society at large. In other words, the deterrent theory of punishment aims to
CRM-M-2921-2025 (O&M) -18-
‘deter’ the criminals from attempting any crime or repeating the same in
future by creating fear amongst individuals and also to establish an example
for others or the society at large by punishing the criminal. This theory is
utilitarian in nature based upon the objective that a man is punished not only
for the wrongful act that he has committed but also to ensure that the crime
may not be committed again. This theory becomes more effective when the
punishment is swift, certain and severe and therefore, it consists of three
components, namely, severity, certainty and celerity. The element of
deterrence is also divided into three different categories, namely, general
deterrence, specific deterrence and incapacitation. The Deterrent Theory is
supported by the school of thought that if the legal system of a State shows
undue sympathy in imposing inadequate or no sentence, then it is felt that
such a system would be doing more harm than good to the Criminal Justice
System, thereby undermining the confidence of general public in terms of
efficacy of law. A derivative of the Deterrent Theory also pertains to
proportionality of punishment, which is recognized by the Indian Legal
System i.e. punishments should be proportionate to the nature and gravity of
the offence for which the punishment is prescribed. In this way, the primary
objective of this theory is to set an example through punishment, thereby
dissuading others from indulging in criminal activities.
22. The Indian Legal System has consistently reaffirmed that
punishment serves not merely retributive objectives but also functions as an
imperative tool for deterrence, particularly in cases involving heinous and
serious offences. In State of Madhya Pradesh v. Munna Choubey & Ors.,
2005 (2) SCC 710, the Hon'ble Supreme Court observed that the imposition
of punishment must take into account its broader impact on social order,
CRM-M-2921-2025 (O&M) -19-
especially in offences undermining the security of individuals and the fabric
of society. Similarly, in State of Madhya Pradesh v. Sheikh Shahid, 2009
(12) SCC 715, the Court reiterated that the primary objective of criminal law
is the protection of societal interests and the prevention of lawlessness.
In this way, it is well-settled that punishment must serve the
objectiveof deterrence and societal protection, while ensuring adherence to
the constitutional mandate of proportionality and the broader principles of
justice.
23. The present is a case whereby allegations are pertaining to
offence of rape and the victim at the time of the offence was stated to be of
the age of 13 years. Allegedly the victim was enticed away by the petitioner
and she stayed with the petitioner in the State of Bihar and was recovered
after four months by the police from the custody of the petitioner. The
offences involved in the present case are Sections 363, 366-A, 376, 34 IPC
and Sections 4 and 12 of POCSO Act. Therefore, it will be necessary to
consider the law on the subject as laid down by Hon’ble Supreme Court and
also referred to by the learned counsels appearing for the parties and the
learned Amicus Curiae.
24. In Shimbhu's case (Supra), it was observed by Hon'ble
Supreme Court that law on the issue can be summarised to the effect that
punishment should always be proportionate/commensurate to the gravity of
offence. Religion, race, caste, economic or social status of the accused or the
victim or the long pendency of the criminal trial or offer of the rapist to
marry the victim or the victim is married and settled in life cannot be
construed as special factors for reducing the sentence prescribed by the
CRM-M-2921-2025 (O&M) -20-
statute. Paras No.19 and 20 of the aforesaid judgment are reproduced as
under:-
“19.Thus, the law on the issue can be summarised to the effect
that punishment should always be proportionate/commensurate
to the gravity of offence. Religion, race, caste, economic or
social status of the accused or the victim or the long pendency of
the criminal trial or offer of the rapist to marry the victim or the
victim is married and settled in life cannot be construed as
special factors for reducing the sentence prescribed by the
statute The power under the proviso should not be used
indiscriminately in a routine, casual and cavalier manner for the
reason that an exception clause requires strict interpretation.
20. Further, a compromise entered into between the parties
cannot be construed as a leading factor based on which lesser
punishment can be awarded. Rape is a non- compoundable
offence and it is an offence against the society and is not a
matter to be left for the parties to compromise and settle. Since
the court cannot always be assured that the consent given by the
victim in compromising the case is a genuine consent, there is
every chance that she might have been pressurised by the
convicts or the trauma undergone by her all the years might have
compelled her to opt for a compromise. In fact, accepting this
proposition will put an additional burden on the victim. The
accused may use all his influence to pressurise her for a
compromise. So, in the interest of justice and to avoid
unnecessary pressure/harassment to the victim, it would not be
safe in considering the compromise arrived atbetween the parties
in rape cases to be a ground for the court to exercise the
discretionary power under the proviso of Section 376(2) IPC”.
25. In Madan Lal's case (Supra), Hon'ble Supreme Court while
referring to the aforesaid judgment in Shimbhu's case (Supra) observed
that in a case of rape or attempt to rape, the conception of compromise
CRM-M-2921-2025 (O&M) -21-
under no circumstances can really be thought of. These are the offences
against the body of a woman which is her own temple. These are the
offences which suffocate the breath of life and sully the reputation and
reputation, needless to emphasise is the richest jewel one can conceive of in
life and no one can be allowed to extinguish the same. It was further
observed that when a human frame is defiled, the “purest treasure” is lost
and dignity of a woman is a part of her non-perishable and immortal and
no one should ever think of painting it in clay. There cannot be a
compromise or settlement as it would be against her honour which matters
the most and is sacrosanct. Para No.18 of the aforesaid judgment is
reproduced as under:-
“18. The aforesaid view was expressed while dealing with the
imposition of sentence. We would like to clearly state that in a
case of rape or attempt to rape, the conception of compromise
under no circumstances can really be thought of. These are
crimes against the body of a woman which is her own temple.
These are the offences which suffocate the breath of life and
sully the reputation. And reputation, needless to emphasise, is
the richest jewel one can conceive of in life. No one would
allow it to be extinguished. When a human frame is defiled, the
"purest treasure", is lost. Dignity of a woman is a part of her
non-perishable and immortal self and no one should ever think
of painting it in clay. There cannot be a compromise or
settlement as it would be against her honour which matters the
most. It is sacrosanct. Sometimes solace is given that the
perpetrator of the crime has acceded to enter into wedlock
with her which is nothing but putting pressure in an adroit
manner; and we say with emphasis that the courts are to
remain absolutely away from this subterfuge to adopt a soft
approach to the case, for any kind of liberal approach has to
be put in the compartment of spectacular error”.
CRM-M-2921-2025 (O&M) -22-
26. In Laxmi Narayan's case (Supra), Hon'ble Supreme Court
while referring to the earlier decisions of the Supreme Court on the issue
observed and held with regard to power under Section 482 of the Code of
Criminal Procedure for quashing of the criminal proceedings in non-
compoundable offences that such power is not to be exercised in those
prosecutions involving heinous and serious offences of mental depravity or
offences like murder, rape, dacoity etc. Such offences are not private in
nature and have a serious impact on society. It was further observed that
while exercising the aforesaid power under Section 482 of the Code of
Criminal Procedure, the High Court is required to consider the antecedents
of the accused, the conduct of the accused, namely, whether the accused was
absconding and why he was absconding and how he had managed with the
complainant to enter into a compromise etc. Para No.15 of the aforesaid
judgment is reproduced as under:-
“15.Considering the law on the point and the other decisions of
this Court on the point, referred to hereinabove, it is observed and
held as under:
i) that the power conferred under section 482 of the
Code to quash the criminal proceedings for the non-
compoundable offences under Section 320 of the Code
can be exercised having overwhelmingly and
predominantly the civil character, particularly those
arising out of commercial transactions or arising out of
matrimonial relationship or family disputes and when
the parties have resolved the entire dispute amongst
themselves;
ii) such power is not to be exercised in those
prosecutions which involved heinous and serious
offences of mental depravity or offences like murder,
CRM-M-2921-2025 (O&M) -23-
rape, dacoity, etc. Such offences are not private in
nature and have a serious impact on society;
iii) similarly, such power is not to be exercised for the
offences under the special statutes like Prevention of
Corruption Act or the offences committed by public
servants while working in that capacity are not to be
quashed merely on the basis of compromise between the
victim and the offender;
iv) offences under section 307 IPC and the Arms Act etc.
would fall in the category of heinous and serious
offences and therefore are to be treated as crime against
the society and not against the individual alone, and
therefore, the criminal proceedings for the offence
under section 307 IPC and/or the Arms Act etc. which
have a serious impact on the society cannot be quashed
in exercise of powers under section 482 of the Code, on
the ground that the parties have resolved their entire
dispute amongst themselves. However, the High Court
would not rest its decision merely because there is a
mention of section 307 IPC in the FIR or the charge is
framed under this provision. It would be open to the
High Court to examine as to whether incorporation of
section 307 IPC is there for the sake of it or the
prosecution has collected sufficient evidence, which if
proved, would lead to framing the charge under section
307 IPC. For this purpose, it would be open to the High
Court to go by the nature of injury sustained, whether
such injury is inflicted on the vital/delegate parts of the
body, nature of weapons used etc. However, such an
exercise by the High Court would be permissible only
after the evidence is collected after investigation and
the charge sheet is filed/charge is framed and/or during
the trial. Such exercise is not permissible when the
matter is still under investigation. Therefore, the
ultimate conclusion in paragraphs 29.6 and 29.7 of the
CRM-M-2921-2025 (O&M) -24-
decision of this Court in the case of Narinder Singh
(supra) should be read harmoniously and to be read as
a whole and in the circumstances stated hereinabove;
v) while exercising the power under section 482 of the
Code to quash the criminal proceedings in respect of
non-compoundable offences, which are private in nature
and do not have a serious impart on society, on the
ground that there is a settlement/compromise between
the victim and the offender, the High Court is required
to consider the antecedents of the accused; the conduct
of the accused, namely, whether the accused was
absconding and why he was absconding, how he had
managed with the complainant to enter into a
compromise etc.”.
27. In K. Dhandapani's case (Supra), Hon'ble Supreme Court set
aside the conviction and sentence in view of the peculiar facts and
circumstances of that case. The prosecutrix of that case was of the age of
14 years on the date of offence and gave birth to a child when she was 15
years and again when she was 17 years and marriage had also taken place
between the parties. The accused was convicted under Sections 5(j) (ii)
read with Section 6, 5(I) read with Section 6 and 5 (n) read with Section 6 of
Protection of Children from Sexual Offences (POCSO) Act, 2012 by the trial
Court which was upheld by the High Court . However, the Hon'ble Supreme
Court set aside the conviction based upon peculiar facts and observed that
it shall not be treated as a precedent. Para No.8 of the aforesaid judgment is
reproduced as under:-
“8. For the aforesaid mentioned reasons, the conviction and
sentence of the appellant is set aside in the peculiar facts of
the case and shall not be treated as a precedent. The appeal
CRM-M-2921-2025 (O&M) -25-
is according, disposed of. Pending Application(s), if any,
shall stand disposed of”.
28. In Re: Right to Privacy of Adolescents, Suo motu writ petition
(C) No.3 of 2023, High Court had set aside the conviction under Section 6
of the POCSO Act by acquitting the accused but Hon'ble Supreme Court
set aside the judgment of the High Court and held the accused guilty and
convicted the accused. In the aforesaid case, the victim-girl was of the age of
14 years and the allegations were pertaining to enticing way the victim by
the accused with the help of his two sisters. In addition to the POCSO Act,
the provisions of Section 376 IPC and Section 9 of the Prohibition of Child
Marriage Act were also invoked. The accused was convicted but the High
Court set aside the conviction under Section 6 of the POCSO Act and 376
(2) (n) and (3) of IPC by noting that the mother of the victim had disowned
her and therefore the victim was continuously residing with the accused
along with her minor child. Hon'ble Supreme Court referred to the
provisions of the Juvenile Justice Act, 2015 and observed that there has been
non-compliance of the same especially Section 19 (6) of the J.J. Act. It was
observed that even the Court must allow the victim to make an informed
choice after being informed the details of the support that the State is willing
to extend and in this way, various directions were issued by the Hon'ble
Supreme Court in this regard.
29. In Ramji Lal Bairwa's case (Supra), High Court had quashed
the FIR on the basis of compromise at the trial stage and thereafter, Hon'ble
Supreme Court set aside the judgment of the High Court. Paras No.32 and
33 of the aforesaid judgment are reproduced as under:-
CRM-M-2921-2025 (O&M) -26-
32. In the decision relied on by the High Court to quash the
proceedings viz., Gian Singh's case (supra) and the decision
in Laxmi Narayan's case (supra) in unambiguous terms this
Court held that the power under Section 482, Cr. P.C., 1973
could not be used to quash proceedings based on
compromise if it is in respect of heinous offence which are
not private in nature and have a serious impact on the
society. When an incident of the aforesaid nature and gravity
allegedly occurred in a higher secondary school, that too
from a teacher, it cannot be simply described as an offence
which is purely private in nature and have no serious impact
on the society.
33. In view of the reasons as aforesaid and in the light of the
decisions referred supra, the impugned order dated
04.02.2022 of the High Court in S.B.C.R.M.P. No.1348/2022,
quashing the FIR No.6/2022 dated 08.01.2022 and all
further proceedings pursuant thereto solely on the ground
that the accused and the complainant had settled the matter,
invites interference. We have no hesitation to hold that in
cases of this nature, the fact that in view of compromise
entered into between the parties, the chance of a conviction
is remote and bleak also cannot be a ground to abruptly
terminate the investigation, by quashing FIR and all further
proceedings pursuant thereto, by invoking the power under
Section 482, Cr. P.C. In the said circumstances, this appeal is
allowed. The impugned order dated 04.02.2022 of the High
Court in S.B.C.R.M.P. No.1348/2022 is hereby quashed and
set aside. Consequently, the FIR No.6/2022, investigation
and criminal proceedings pursuant thereto subject to the
nature of the report to be filed under Section 173(2), Cr. P.C.,
be proceeded with against the accused, in accordance with
law”.
CRM-M-2921-2025 (O&M) -27-
30. In Shriram Urav's case (Supra), the victim was of the age of
15 years and the accused was proceeded against under Sections 363, 366
and 376 IPC. The prosecutrix and the accused got married with each other
and out of the wedlock four children were born. The High Court upheld the
conviction and sentence under Sections 366 and 376 IPC and set aside the
conviction of the accused under Section 363 IPC. When the aforesaid
judgment was assailed before Hon'ble Supreme Court, Hon'ble Supreme
Court while exercising its powers under Article 142 of the Constitution of
India quashed the conviction as well as sentence since the accused and
prosecutrix have married with each other and four children were born out of
the wedlock.
31. In Devender Nath's case (Supra), a Co-ordinate Bench of this
Court quashed the FIR Under Section 376(2)(n) IPC and Section 6 of
POCSO Act on the ground that the prosecutrix and the accused are happily
married and that she has also attained the age of majority and wanted to
continue with the married life. However, in another judgment in Earndeep
Kaur @ Irandeep Kaur's case, a Co-ordinate Bench of this Court refused to
quash the FIR under Sections 306 and 34 IPC since no compromise could
have been arrived at with the surviving family.
32. This Court in Ranjeet Kaur Versus State of Punjab and others,
CRWP No.7785 of 2020, decided on 02.03.2021 while dealing with a
petition seeking a writ in the nature of Habeas Corpus discussed another
important aspect pertaining to child marriages and shortcomings of the same
especially in terms of health of a minor girl. This Court referred to the
judgment of Hon'ble Supreme Court in Independent Though Versus Union
of India and another, 2017 (10) SCC 800 which dealt with child marriage
CRM-M-2921-2025 (O&M) -28-
and observed that a girl child below the age of 18 years who is sought to be
married is a child in need of care and protection and therefore, she is
required to be produced before the Child Welfare Committee constituted
under Section 27 of the Juvenile Justice (Care and Protection of Children)
Act, 2015 so that she could be cared for, protected and appropriately
rehabilitated or restored to society. A child remains a child whether she is a
married child or an unmarried child or a divorced child or a separated child
or a widowed child. The age of consent for sexual intercourse is definitely
18 years and there is no dispute about this and therefore under no
circumstance can a child below 18 years of age give consent, express or
implied for sexual intercourse. It was observed by Hon'ble Supreme Court
that the age of consent has not been specifically reduced by any statute and
unless there is such a specific reduction, it must proceed on the basis that the
age of consent and willingness to sexual intercourse remains at 18 years of
age and furthermore, such child marriages certainly cannot be in the best
interest of the girl child and the solemnization of a child marriage violates
the provisions of the Prohibition of Child Marriage Act, 2006. Hon'ble
Supreme Court also discussed the detrimental effects of an early marriage
and sexual intercourse at an early age in terms of physical and mental
health, nutrition, education and employability. It was observed that Article
21 of the Constitution of India gives a fundamental right to a girl child to
live a life of dignity. The Juvenile Justice (Care and Protection of Children)
Act, has provided that efforts must be made to ensure the care, protection,
appropriate rehabilitation or restoration of a girl child who is at imminent
risk of marriage and therefore, a child in need of care and protection and a
girl child will be in a worse off situation because after marriage she could
CRM-M-2921-2025 (O&M) -29-
be subjected to aggravated penetrative sexual assault for which she might
not be physically, mentally, or psychologically ready and therefore, the
intention of the Juvenile Justice Act is to benefit a child rather than place her
in difficult circumstances. Therefore, under no circumstance can a child
below 18 years of age give consent, express or implied for sexual
intercourse.
33. In the aforesaid judgment in Ranjeet Kaur's (Supra), this
Court discussed another important aspect of the matter pertaining to the
evil effects of a female child marriage. These evil effects based upon
medical science as per World Health Organization report were also
discussed. Paras No. 34, 35 and 36 are reproduced as under:-
“34. There is yet another aspect to this matter. Besides various
stringent provisions in the aforesaid legislations which have
been discussed above, the evil effects of a female child
marriage also deserve attention.
35 As per medical science, child marriage has its own evil
effects. As per World Health Organization (WHO), Regional
Office for Europe, various ill effects of female child marriage
have been discussed and the same are reproduced as under:-
“The physical health of the female spouse in a child
marriage faces several threats. These young girls are
often the victims of domestic violence, and they lack the
means to advocate for themselves. Additionally, child
brides often live with their husband's extended family,
which may also be a source of violent abuse, in crowded
conditions. Their psychological well being and
empowerment also suffer, as young girls in child
marriages are denied an appropriate childhood and
adolescence, and are subject to an increased incidence
of psychological abuse as well as domestic violence; a
curbing personal liberty; an incomplete education; and
CRM-M-2921-2025 (O&M) -30-
a lack of employment and career prospects – all of
which contribute to the cyclical nature of poverty,
gender inequality and child marriage. The sexual and
reproductive health of the female in a child marriage is
likely to be jeopardized, as these young girls are often
forced into sexual intercourse with an older male
spouse with more sexual experience. The female spouse
often lacks the status and the knowledge to negotiate for
safe sex and contraceptive practices, increasing the risk
of acquiring HIV or other sexually transmitted
infections, as well as the probability of pregnancy at an
early age. Complications from pregnancy and child
bearing are the leading causes of death among girls
aged 15-19 years. Often, those in child marriages do
not have access to adequate health and contraceptive
services, owing to geographic location or the
oppressive conditions of their lifestyle.”
36 As per abstract contained in Journal: “Child Marriage: A
Silent Health and Human Rights Issue,” by Nawal M. Nour
M.D. MPH in Department of Maternal-Fetal Medicine,
Brigham and Women's Hospital, African Women's Health
Centre, Harvard Medical School, Boston, MA, the ill effects are
stated as under:-
“Marriages in which a child under the age of 18 years
is involved occur worldwide, but are mainly seen in
South Asia, Africa and Latin America. A human rights
violation, child marriage directly impacts girls'
education, health, psychologic well being, and the
health of their offspring. It increases the risk for
depression, sexually transmitted infection, cervical
cancer, malaria, obstetric fistulas, and maternal
mortality. Their offspring are at an increased risk for
premature birth and, subsequently, neo natal or infant
death. The tradition, drive by poverty, is perpetuated to
ensure girls' financial futures and to reinforce social
CRM-M-2921-2025 (O&M) -31-
ties. One of the most effective methods of reducing child
marriage and its health consequences is mandating that
girls stay in school.”
POCSO: Legislative Intent
34. The rationale behind fixing the age of marriage and consent for
sexual activity to a fixed statutory minimum is based upon the recognition
that minors lack the requisite mental maturity and psychological competence
to give informed consent to sexual acts. This position emanates from a
protectionist objective, whereby the law operates on the presumption that
minors lack the capacity to fully apprehend or appreciate the nature,
implications and potential consequences of indulging in sexual activities. In
fact the competence of minors to consent is inherently ambiguous, even in
circumstances where such consent appears to be given freely. It must be
clearly understood that the potential for manipulation or exerting undue
influence by adults through various methods and multiple reasons occupying
positions of trust, authority, or such a responsibility further enhances this
concern by rendering the minor's ostensible consent to be suspicious in law.
The law recognises the inherent power imbalance and disparity in
competence between minors and adults, which may facilitate exploitative or
abusive relationships. The law provides ex-ante protection to minors by
criminalising sexual activities involving persons below eighteen years of
age, who by virtue of their age are deemed to be legally incapable of giving
an informed consent. In this way, the POCSO Act has adopted the “bright-
line rule” which is based upon the principle that minors do not possess the
legal or developmental capacity to give informed consent in matters of
sexual activity, and reflects a clear and consistent legislative intent to create
CRM-M-2921-2025 (O&M) -32-
an unambiguous zone of protection for minors from sexual exploitation.
These legislative objectives are grounded in legitimate concerns for the
protection of minors from exploitation and therefore, the Courts while
considering compromise in such like cases should consider the same in the
background of the aforesaid legislative intent.
35. The arguments raised by the learned counsel for the parties
from different perspectives can be well understood and considered by way of
drawing a comparative analysis of the arguments made in favour and against
the issue of quashing of FIR based upon compromise in the facts and
circumstances of the present case are as follows:-
Aspect Favour Against
Victim
Welfare
Marriage and continued
cohabitation with the
accused reflects ongoing
consent of the victim and
her expressed desire to
avoid adversarial
proceedings.
The consent of minor is no
consent in the eyes of law and
compromise in such cases may
perpetuate psychological harm,
impede justice and elevate
societal pressure above the
victim’s welfare.
Applicability
of Law
Quashing of the FIR
based upon compromise
subsequent to marriage
between the parties may
be considered to prevent
protracted litigation in
exceptional
circumstances.
Offences under the POCSO Act
are statutory crimes against
society and marriage with
the victim, especially where
she is a minor, cannot absolve
the accused of criminal
liability. Permitting compromise
quashing would undermine the
object and intent of the
legislation.
Societal
Impact
Such Compromise may
facilitate future welfare of
the family and social
reintegration.
Normalizing such compromise
undermines the deterrent effect
of POCSO Act and sends a
regressive message that child
sexual abuse can be legitimized
CRM-M-2921-2025 (O&M) -33-
via subsequent marriage and
erodes public confidence in
child protection laws.
Best Interest
of Children
born out of
such wedlock
Further prosecution of the
accused might have
detrimental impact on the
well being of the four
children of the accused
and the victim.
Where a conflict arises between
a protective legislative mandate,
societal interest, public policy
and social confidence on the one
hand and an individual case on
the other hand, the former will
prevail over the latter being
dominant factor while latter is
subservient to it.
Impact on
Health
-
Detrimental for both
physiological and psychological
health of the victim. The victim
being a minor in such cases is
subjected to physical injuries of
grave nature, complicated
pregnancy, mental health issues,
psychological stress, social
consequences, exploitation and
future sexual abuse.
After comparing the aforesaid aspects from multiple angles and
having due regard to the alarming rise of such like cases, this court is of the
considered view that reasoning mentioned under the head of “against”
quashing of FIR on the basis of compromise shall outweigh and prevail over
reasoning mentioned under the head of “favour”.
Conclusion:-
36. After considering the law laid by Hon’ble Supreme Court,
submissions made by the learned counsels for the parties and jurisprudential
aspects, it is held that although under Section 482 Cr.P.C (Section 528 of
BNSS, 2023), the High Court has wide inherent powers which can be
CRM-M-2921-2025 (O&M) -34-
exercised to prevent miscarriage of justice in case of abuse of process of law
and to secure the ends of justice, however the present issue being domain
specific where the allegations are pertaining to the offence of rape
committed upon a minor girl attracting the provisions of POSCO Act, FIR
and its consequential proceedings cannot be quashed based upon
compromise while exercising jurisdiction under Section 482 Cr.P.C (Section
528 of BNSS, 2023). It is further held that such kind of compromises are
unenforceable in law being illegal and also contrary to public policy.
37. In the present case, the FIR was lodged on 13.08.2013 under
Sections under Sections 363, 366-A and 34 IPC and later on offences under
Sections 376 IPC and Sections 4 and 12 of POCSO Act were added. The
victim-respondent No.3 was minor of the age of 13 years at that time. As per
the reply filed by the State, the petitioner was apprehended from Bihar along
with the minor-victim who was recovered from the custody of the petitioner.
The petitioner was granted the concession of regular bail during the course of
trial but he misused the concession of bail and thereafter, he was declared as a
proclaimed person on 19.12.2014 and was thereafter again apprehended by the
police on 21.12.2023 from Amritsar after a long gap of 9 years after having
been declared as a proclaimed person by the learned trial Court. After the
petitioner was charge-sheeted by the learned trial Court on 16.05.2014, another
FIR was registered against him vide FIR No.419 dated 06.06.2014 for
commission of offences punishable under Sections 363, 366A IPC and Section
4 of POSCO Act pertaining to the same victim i.e. respondent No.3 which is
stated to be still under investigation. The trial of the case is stated to be at the
fag end and is fixed for defence evidence, if any, or for arguments and as per
the State counsel, during the course of trial, respondent No.3/victim had
supported the prosecution version.
CRM-M-2921-2025 (O&M) -35-
38. Therefore, considering the aforesaid facts and circumstances of
the present case and the conclusion drawn by this Court pertaining to issue of
law in the preceding paras, the present petition deserves to be dismissed.
39. Consequently, the present petition is dismissed.
40. However, anything observed hereinabove shall not be treated as an
expression of opinion on the merits of the case pending before learned trial
Court and is meant for the purpose of deciding the present petition only.
41. Before parting with this judgment, this Court records its
appreciation towards Mr. Ashish Bansal, Advocate, learned Amicus Curiae,
Ms. Shreya Singh and Ms. Surpreet Kaur, Law Researchers of this Court for
their valuable assistance.
29.07.2025 (JASGURPREET SINGH PURI)
rakesh JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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