High Court Quashes POCSO and SC/ST Act Cross-FIRs Facilitating Peace and Cordiality Among Neighbours

Two cross-FIRs (No. 281/2024 and 283/2024) were registered on July 9, 2024, at P.S. Seelampur following a dispute between neighbors residing in the same building

FIR 281/2024 involved allegations of indecent gestures and confinement against a 15-year-old child victim under the BNS and POCSO Act

FIR 283/2024 involved allegations of casteist remarks and physical assault under the BNS and SC/ST Act

While charge sheets were filed and proceedings reached the evidence/charge stages, the parties convened a societal meeting on January 8, 2025, leading to a Settlement and Compromise Deed dated August 20, 2025

Both parties sought quashing of the proceedings to maintain communal harmony

1. Whether the High Court should exercise its inherent powers to quash criminal proceedings involving non-compoundable offenses under POCSO and the SC/ST Act based on a voluntary settlement between neighbors

Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (the successor to Section 482 CrPC), regarding the inherent powers of the High Court to prevent abuse of the process of any court or to secure the ends of justice

The court further relied on the principle of facilitating the restoration of cordiality and peace in society, especially in disputes between neighbors where parties express genuine remorse

The Court observed that the dispute was essentially private in nature, involving neighbors living on different floors of the same building

Despite the inclusion of serious statutory offenses under the POCSO Act and the SC/ST Act, the Court took note of the "remorse" expressed by both parties and their undertaking to live peacefully

The child victim and her parents appeared via video conferencing to confirm the voluntary nature of the settlement

The Court reasoned that since the parties had restored their relationship and were living in a "friendly atmosphere," continuing the criminal prosecution would serve no purpose and quashing the FIRs was necessary to facilitate and maintain this long-term cordiality

Consequently, the Court quashed FIR No. 281/2024 (u/s 74/75/79/126(2)/3(5)/351(2) BNS and Sec 12 POCSO Act) and FIR No. 283/2024 (u/s 74/75/76/79/126(2)/3(5) BNS and Sec 3(1) SC/ST Act) along with all consequential proceedings

The parties were directed to submit the original settlement deeds to the Trial Court within four weeks