Delhi High Court news: The Delhi High Court has said that quashing criminal proceedings under the POCSO Act is not an “anathema” to law, as it set aside a case against a man accused of sexual offences involving a minor, while noting that the prosecutrix, now his wife, had consistently denied any harm and sought closure to safeguard their young family.

Justice Anup Jairam Bhambhani was hearing a petition that sought to quash a First Information Report (FIR) registered under Section 6 (punishment for aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and provisions of the Bharatiya Nyaya Sanhita (BNS), which was lodged after hospital authorities reported that the prosecutrix, then a minor, had delivered a child.

“This court is of the view that though quashing of criminal proceedings under the POCSO Act is not anathema to the law, such quashing demands careful and sensitive consideration of the factual situation…the court must carefully evaluate the reasons as to why the victim disclaims any loss or injury,” the Delhi High Court said on April 16.

The Delhi High Court made it clear that such quashing of POCSO cases cannot be routine and laid down safeguards for future cases. Courts must assess:

It emphasised that courts must interact with the parties and ensure that quashing is not being used as a tool to evade punishment.