POCSO case cannot be closed even if a settlement is reached: Supreme Court

NEW DELHI: The Supreme Court on Thursday observed that a POCSO case cannot be closed just because a settlement has been reached between the complainants and the accused. A bench comprising Justice Suryakant and Justice Abhay S Oka made the observation while considering a case registered under the POCSO Act against Hafsal Rahman, who was an Urdu teacher at Chemmankadav PMSAM Higher Secondary School, Malappuram.

The court was of the opinion that the POCSO case cannot be quashed considering the conscience of the society even when a settlement has been reached between the victim and the accused. It was alleged that the accused had sexually assaulted 16-year-old girls in the principal's room. However, later the parents of the victims filed an affidavit in the High Court stating that they had reached a settlement with the accused. Following this, the High Court quashed the case. Standing Consul Harshad V Hameed, who appeared for the state government, argued that the action of quashing the case after considering the affidavit of the parents was wrong. Advocate Haris Beeran, who appeared for the accused, told the court that the children were below 18 when the case was pending in the High Court and that the three girls, who are now adults, have filed an affidavit in the Supreme Court stating that they have no complaint. In a statement made to a Magistrate under section 164, the girls informed that they have no complaint. Haris Beeran, who cited various court orders, argued that the case can be closed if a settlement is reached between the complainant and the accused. However, the Supreme Court verbally disagreed with this argument. The Supreme Court directed to produce court judgments in other similar cases.