Delhi HC quashes POCSO case post-settlement

The Delhi High Court has quashed a Protection of Children from Sexual Offences (POCSO) Act case following a settlement between the parties involved, who were young individuals.

Justice Saurabh Banerjee quashed an FIR which was registered against the accused under different Sections of the Indian Penal Code and Sections 8/12 of the POCSO Act, after the complainant submitted that she has voluntarily settled all disputes with the petitioners.

She had said that she does not wish to pursue the criminal proceedings against the petitioner and has no objection to the quashing of the FIR.

However, as part of the judgement, the court directed the accused's father to arrange free health checkups by orthopaedic doctors for teachers in 10 government schools in Delhi.

The accused person’s father is the Chief Administrative Officer of the Indian Orthopaedic Association.

The court noted that the FIR was registered due to misunderstandings and personal grudges between the parties and their families, and a voluntary settlement has been reached.

“While considering the facts and circumstances involved in the present case, though this Court, no doubt, is very much mindful of the fact that the allegations levelled against the petitioner involve heinous offences involving grave punishments, if he is convicted, however, in the opinion of this court, looking into the holistic events in its entirety, considering that the present FIR was registered as a result of some misunderstandings and personal grudges between the parties involved herein and their family members as also that a settlement has been arrived at between the parties voluntarily,” Justice Banerjee said.

The judge observed that continuing with the FIR would be futile as the chances of the accused being held guilty were very low.

The court also recognised the seriousness of the allegations but said that the involved parties were young individuals pursuing their studies and future careers.

“Continuing with the FIR under the existing circumstances will be an exercise in futility, as in view of the current factual matrix involved, the chances of the petitioner being held guilty are very bleak,” the court said.

Meanwhile, the accused person's father assured the court that he would coordinate and follow up with the principals of the 10 government schools to arrange health checkups for teachers at mutually convenient dates and times.

“Let a copy of this order be sent to the principals of each of the aforesaid schools to apprise them of the services to be provided,” the judge said.

Justice Banerjee also commended the accused's father for offering the noble services of providing free checkups by orthopaedic doctors in government schools.