POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court
2 years, 6 months ago

POCSO Case Against Minor Can Be Quashed On Parties Arriving At Mutual Settlement: Karnataka High Court

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The Karnataka High Court on Friday allowed a petition filed by a minor boy and set aside the investigation initiated against him under sections of the Protection of Children from Sexual Offences Act for allegedly sexually assaulting a minor girl, following a mutual settlement having arrived at between the parties. It would not be inapt to notice that young children or boys who have not yet reached the age of 18 years, many a time, without realizing or being ignorant of the consequences of their act which they perform in the frenzy of youth, emerge themselves as offenders under the provisions of POCSO Act and face serious consequences." Taking into account the good academic record of the petition the bench said, "The laudable object for which the POCSO Act was brought into effect cannot be forgotten, but that would not mean that it is meant to punish young children who would fall in love and commit such acts which would become punishable under the Act." Further it said, "I deem it appropriate to take note of the settlement, accept the same and free the petitioner from the mesh of crime that he is enmeshed into, failing which, the future of a student would be put to insurmountable jeopardy, more so, with the settlement arrived at, no useful purpose would be served by sending the boy to face the rigmarole of criminal trial, on the allegation of provisions of the POCSO Act, as the boy who would be eventually acquitted, would become persecuted of the alleged crime for all his life."

History of this topic

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