New Delhi, September 24, 2026 (Yes Punjab News)
The Delhi High Court has refused to quash a rape and POCSO case against a 49-year-old man on the basis of a compromise with the child victim, observing that such offences are heinous and have a serious impact on society.
A single-judge Bench of Justice Sachin Datta dismissed a petition filed by Anand Singh Rawat seeking quashing of a 2022 FIR registered at Fatehpur Beri Police Station under Sections 376 and 506 of the Indian Penal Code (IPC) and Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, along with the proceedings arising from it.
The petitioner had sought quashing of the case on the ground that a compromise had been reached with the victim with the intervention of her family.
The High Court noted that the trial had already reached the stage of prosecution evidence and that the case involved allegations of aggravated penetrative sexual assault against a child by a person in a position of trust or authority.
“These are heinous offences which have a serious impact on society,” Justice Datta observed in an order passed on September 22.
The High Court relied on the Supreme Court’s judgment in Gian Singh v. State of Punjab, which recognised the High Court’s inherent power to quash criminal proceedings in appropriate cases but clarified that such power could not ordinarily be exercised in respect of heinous and serious offences, including rape.
The Supreme Court had held that the High Court’s power to quash criminal proceedings or an FIR under its inherent jurisdiction was distinct from the power of a criminal court to compound offences under Section 320 of the Code.
It had further observed that heinous and serious offences involving mental depravity, including murder, rape and dacoity, could not ordinarily be quashed merely because the victim or the victim’s family and the accused had settled the dispute.
The Delhi High Court said the Supreme Court had specifically held that such offences were not private in nature and had a serious impact on society.
“Resultantly, the child victim or their family cannot compromise an offence under the POCSO Act,” Justice Datta said.
Dismissing the petition, the High Court held that quashing the proceedings at this stage on the basis of the compromise “would defeat not only the object of the statute but also the ends of justice”.
However, the court clarified that its order should not be construed as an expression of opinion on the merits of the case, which will be determined by the trial court on the basis of evidence.
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