Allahabad High Court Upholds Non-Compromise Stance in POCSO Cases

The Allahabad High Court delivered a significant ruling, affirming that cases of child abuse under the Protection of Children from Sexual Offences Act (POCSO Act) cannot be nullified solely based on a compromise between the accused and the minor victim. In the case of Sanjeev Kumar v State, Justice Samit Gopal underscored the immateriality of the minor prosecutrix's consent throughout legal proceedings, including any attempts at compromise.

Justice Gopal elucidated that the POCSO Act's stringent provisions supersede any potential compromise between the accused and the victim. Emphasizing the Act's status as a specialized legislation, the Court reiterated the irrevocability of proceedings initiated under it, irrespective of subsequent agreements between the parties involved.

The ruling stemmed from a plea contesting summonses and cognizance orders, seeking to halt criminal proceedings against the accused under various sections of the Indian Penal Code (IPC) and the POCSO Act. The accused argued for a resolution based on a purported compromise reached post-FIR filing, a stance endorsed by the victim's counsel.

However, the Court, relying on precedent, upheld that compromises hold no sway in cases involving offenses punishable under special statutes. It asserted the gravity of offenses like rape and the imperative to safeguard the victim's honor, negating any potential influence of compromises in such matters.

Senior Advocate Prem Prakash and Advocate Doodh Nath Yadav represented the accused, while Government Advocate Ramesh Kumar appeared for the opposite party.

By refusing to entertain the plea and reinforcing the inviolability of POCSO Act proceedings, the Allahabad High Court's verdict sends a resolute message against compromising justice in cases of child abuse, ensuring stringent adherence to legal safeguards for victims and maintaining the integrity of specialized legislation designed for their protection.

Author: Anushka Taraniya 

News writer, MIT ADT University