Chandigarh: The Punjab and Haryana high court has dismissed a petition seeking quashing of a case registered under the Protection of Children from Sexual Offences (Pocso) Act and the Bharatiya Nyaya Sanhita (BNS) against a man accused of making obscene gestures towards two minor girls and offering them money to accompany him, observing that a compromise between private parties cannot override larger public interest or defeat the legislative mandate embodied under the POCSO Act.Justice Neerja K Kalson dismissed the petition by the accused man who had sought quashing of FIR registered in Dec 2024, at Bahuakbarpur police station in Rohtak district under Section 12 of Pocso Act and sections 126, 75(2) and 79 of the BNS, along with consequential proceedings, on the basis of a compromise.According to the FIR, the complainant alleged that in Dec 2024, her minor daughter, aged 11, along with another girl, aged 13, had gone to buy grocery. When they were returning home around 4pm, the petitioner allegedly intercepted them, made obscene gestures towards them and offered money for accompanying him. The minor girls got frightened, returned home and narrated the occurrence to the complainant, following which the FIR was registered.The petitioner submitted that the matter had been amicably resolved with the intervention of respectable persons of the locality and relatives. His counsel argued that the FIR was lodged due to misunderstanding and misconception and that the complainant party no longer wished to pursue the proceedings to maintain peace and harmony. It was further contended that the alleged offences were not of an aggravated nature under the Pocso Act and that guardians of the minor victims, had no objection to quashing the FIR.Opposing the plea, the state submitted that statements of both minor victims had been recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) before the judicial magistrate. During investigation, sufficient incriminating material was collected against the petitioner, leading to the filing of the challan. The state further submitted that charges had been framed and prosecution evidence was underway, with several prosecution witnesses already examined.The high court on hearing the arguments observed, “The allegations levelled in the present FIR pertain to offences against minor children under the provisions of the Pocso Act. Such offences cannot ordinarily be treated as disputes of a purely personal or private character so as to warrant quashing merely on the basis of a compromise between the parties.”“The object of the Pocso Act is to protect children from sexual offences and to ensure their dignity, mental well-being and safety. The offences contemplated under the statute have a serious social impact and travel beyond the confines of an individual dispute,” the bench said.Referring to the Supreme Court’s judgment in State of Madhya Pradesh versus Laxmi Narayan and others (2019), the High Court noted that offences having a serious impact on society or involving mental depravity ought not to be quashed merely on the basis of a settlement.The bench noted that the minor victims statements had been recorded before the competent court, the challan presented and charges framed, with four prosecution witnesses already examined.“At this stage, this court does not find it appropriate to exercise its inherent jurisdiction under Section 482 Cr.P.C. /528 BNSS merely on the basis of a compromise, particularly when the allegations relate to misconduct against minor children and the trial has already progressed considerably,” it said.Holding that no case was made out for quashing the FIR and consequential proceedings on the basis of the compromise, the High Court dismissed the petition.
