{"id":243188,"date":"2021-02-01T15:31:13","date_gmt":"2021-02-01T10:01:13","guid":{"rendered":"https:\/\/www.scconline.com\/blog\/?p=243188"},"modified":"2021-02-05T12:15:33","modified_gmt":"2021-02-05T06:45:33","slug":"del-hc-offences-under-s-377-ipc-s-4-pocso-act-committed-on-a-child-aged-7-years-father-of-victim-sought-quashing-of-fir-will-hc-quash-the-fir-read-to-know","status":"publish","type":"post","link":"https:\/\/www.scconline.com\/blog\/post\/2021\/02\/01\/del-hc-offences-under-s-377-ipc-s-4-pocso-act-committed-on-a-child-aged-7-years-father-of-victim-sought-quashing-of-fir-will-hc-quash-the-fir-read-to-know\/","title":{"rendered":"Del HC | Offences under S. 377 IPC & S. 4 POCSO Act committed on a child aged 7 years, father of victim sought quashing of FIR: Will HC quash the FIR? Read to know"},"content":{"rendered":"

Delhi High Court:<\/strong> Subramonium Prasad, J., in regard to quashing of FIRs expressed that:<\/p>\n

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“High Court cannot mechanically quash FIRs for non-compoundable offences by exercising powers under Section 482 CrPC just because parties have decided to bury their hatchets.”<\/span><\/span><\/p>\n<\/blockquote>\n<\/div>\n<\/div>\n<\/div>\n

The instant petition was filed for quashing of an FIR for offences under Section 377 of Penal Code, 1860 read with Section 4 of the Protection of Children from Sexual Offences Act (POCSO Act).<\/p>\n

Respondent 2\/Complainant stated that after completion of his work when he reached home, he saw his 7 year old son crying, who told him that the accused who stayed in the same building had come and sodomosied him.<\/p>\n

It was further stated that the underwear of the child was wet with blood. On completion of investigation, there was enough material to proceed against the petitioner for offences under Section 377 IPC and Section 4 POCSO Act.<\/p>\n

The reason that has been stated for quashing of the FIR was due to the intervention of the elders of the society and friends. In view of the same, parties decided to put an amicable end to the disputes.<\/p>\n

Analysis and Decision<\/span><\/h3>\n

Bench while analysis the facts and circumstances of the case, stressed that Section 377 IPC and Section 4 of the POCSO Act are non- compoundable offences and while exercising powers under Section 482 CrPC to quash criminal proceedings for non-compundable offences on the basis of compromise, the High Court should scan the entire facts to find out the thrust of allegations and the cruxof the settlement.<\/span><\/p>\n

While stating the above position, Court referred to the decision of Supreme Court in\u00a0State of Maharashtra v. Vikram Anantrai Doshi,\u00a0<\/em>(2014) 15 SCC 29<\/a>.<\/p>\n

Bench also referred to the following decisions of the Supreme Court:<\/p>\n

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