The judge was hearing a petition seeking a stay of criminal proceedings against the defendants.

Lucknow:

The Allahabad High Court observed that offenses under “Special Enactments” such as “Protection of Children from Sexual Offenses” or “POCSO” cannot be dismissed merely on the basis of “compromise” between the victim and the offender.

“Once the consent of the minor prosecutor is not material for the purpose of registering an offence, such consent remains immaterial for all practical purposes at all stages, including compromise. Just because the minor prosecutor later agreed with Judge Samit In a ruling on April 2, Chief Justice Samit Gopal said “the applicant’s proceedings are not sufficient to quash the proceedings”.

The judge presided over a petition seeking a stay of criminal proceedings against the accused, who claimed that a compromise was reached between the parties after the filing of the case, completion of investigation and summons of the applicant by the trial court in connection with the alleged offense. Decide accordingly. The victim’s lawyer also supported the defendant’s request.

State lawyers opposing the defendant applicant’s petition said the victim was 15 when she first committed the offense and was sexually assaulted over a period of three years.

“It is clear that if the prosecutor is a minor under 18, then her consent does not matter. When a crime is brought against the accused, whether the prosecutor agrees or not, then of course it cannot be justified solely on the basis that the prosecutor later reached a compromise The prosecution is dismissed,” the court said.

In delivering his opinion, the judge also referred to the Supreme Court’s 2014 judgment, which said, “This power shall not be exercised in prosecutions involving heinous crimes of gross mental depravity or crimes such as murder, rape, treachery, etc.” “Such criminal acts are not private in nature and have a serious impact on society.”