Allahabad HC Stands Firm in POCSO Case Without Compromise

In a recent ruling, the Allahabad High Court declared that criminal proceedings under the POCSO Act cannot be quashed based on a compromise between the accused and the victim. The court emphasized that the minor victim’s consent is irrelevant for offense registration and subsequent stages, including compromise.

The case involved accused Sanjeev Kumar seeking to set aside summoning and cognizance orders under sections of rape, causing miscarriage, and POCSO Act. Despite a compromise between the parties post-FIR, the court maintained that such agreements cannot annul ongoing criminal proceedings.

While the survivor’s counsel supported the accused’s petition, the state argued against dismissing the case. The accusations involved repeated sexual assault on a minor over three years, with the victim being around 15 at the time. The trial court found sufficient evidence to summon the accused, rejecting the notion of compromising in such serious cases.