MP HC Quashes POCSO And Rape Case After Accused And Now-Adult Complainant Marry And Reach Compromise

In brief

The question

1. Whether the criminal proceedings could be quashed on the basis of the parties’ compromise, notwithstanding the non-compoundable nature of the charged offences.

The court held

The Court allowed the compromise applications and permitted the parties to compound the offences.

It also directed

It allowed the petition and quashed Crime No. 322/2025, registered at Dehat Police Station, Ashoknagar, under Sections 137(2), 96, 64(2)(m) and 127(4) BNS and Sections 5(L)/6 POCSO Act, together with any consequential proceedings.

01Facts

The petitioner sought quashing under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), of Crime No. 322/2025 registered at Dehat Police Station, Ashoknagar, for offences under Sections 137(2), 96, 64(2)(m) and 127(4) of the Bharatiya Nyaya Sanhita, 2023, and Sections 5(L)/6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).

¶ 1

The parties filed compromise applications supported by affidavits; the Principal Registrar verified their identities, signatures and voluntary intent.

¶ 2–3

The petitioner submitted that he and respondent No. 2 had married, were now adults, and wished to settle the dispute; respondent No. 2 supported the request, while the State opposed it.

¶ 4–6

02Issues

i.1. Whether the criminal proceedings could be quashed on the basis of the parties’ compromise, notwithstanding the non-compoundable nature of the charged offences.

¶ 1, 9–12

ii.2. Whether continuation of the prosecution would serve a useful purpose in light of the verified compromise and the parties’ circumstances.

¶ 3–4, 10–12

03Law Applied

The petition invoked Section 528 BNSS, while the Court’s reasoning also referred to Section 482 of the Code of Criminal Procedure, 1973, as a power to prevent abuse of process and secure the ends of justice.

¶ 1, 10

The Court relied on Jagdish Channa v. State of Haryana, Madan Mohan Abbot v. State of Punjab, Shiji v. Radhika, Narinder Singh v. State of Punjab, B.S. Joshi v. State of Haryana, Gian Singh v. State of Punjab and Parbatbhai Ahir v. State of Gujarat for the proposition that criminal proceedings in non-compoundable cases may, in appropriate circumstances, be quashed following settlement.

¶ 9

The offences alleged arose under the BNS and the POCSO Act.

¶ 1

Provisions in the judgment · 8 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528

Bharatiya Nyaya Sanhita, 2023 Section 137 Section 96 Section 64 Section 127

Protection of Children from Sexual Offences Act, 2012 Section 5 Section 6

Code of Criminal Procedure, 1973 Section 482

04Reasoning

The Court treated the compromise as voluntary because the parties’ applications and affidavits had been verified by the Principal Registrar and found free from threat, inducement or coercion.

¶ 3

It also relied on the petitioner’s submission that the parties had married and were now adults, and on respondent No. 2’s support for settlement.

¶ 4, 6

Applying the cited compromise-quashing authorities, the Court concluded that continuing the trial would be futile and would serve no purpose.

¶ 9–11

The order invokes Section 482 CrPC in its reasoning despite the petition having been brought under Section 528 BNSS.

¶ 1, 10