Can POCSO case be closed if accused marries the victim? Court says No

Can POCSO cases be quashed if the accused marries the victim?

The Himachal Pradesh High Court recently refused to quash a case against a man under the Protection of Children from Sexual Offenses Act (POCSO).

In this case, the accused had sought relief citing his marriage with the victim. Justice Virendra Singh expressed disagreement with the decisions taken by the coordinated benches of the High Court to quash the case in such cases.

He referred the matter to the Chief Justice for formation of a larger bench to decide on the issue. The court said that the crime registered in the FIR is against the society, hence the proceedings should continue. This will enable the court to find out the truth on the basis of evidence.

Justice Singh rejected the agreement reached between the two parties, saying that accepting such an agreement would encourage criminals to commit such acts. Such people will enter into a compromise with the child victims after the crime. This will defeat the purpose of the legislature to enact special laws like POCSO.

Questioning the FIR, the petitioner argued that he had married the victim girl with the consent of both the families and a compromise had been reached, now the victim girl and her parents were no longer interested in pursuing the case. The petitioner urged the court to quash the FIR and the subsequent proceedings, keeping in mind the mutual agreement between the parties involved and the preservation of their marital life.