Indian Penal Code, 1860
Section 363 (Sec. 137(2) of BNS, 2023)—Offence of kidnapping—Petition to quash FIR—Ground of settlement between petitioners and second respondent/ prosecutrix—MLC of prosecturix notes an alleged history of sexual assault and a positive pregnancy test—On the basis of statement of second respondent, the investigating agency invoked additional offences under Sec. 366 and 376 of IPC (Sec. 87, 34 of BNS, 2023), Secs. 6 & 21 of the POCSO Act and Secs. 9 & 10 of the PCM Act—Prosecutrix actively supported the prayer made in the petition and affirmed that she and first petitioner are married— In prosecution under the POCSO Act, consent is legally irrelevant where the “child” is below eighteen years—Marriage or cohabitation at a later stage does not erase the offence—Rape is a non-compoundable offence, being an offence against society at large, and is not matter that can be left to the discretion of the parties to compromise or settle—To quash a case of child marriage and sexual offences on the plea of settlement would, in effect, grant judicial imprimatur to unlawful conduct that the Parliament has explicitly sought to deter—Inherent powers of the court under Sec. 482 of CrPC (Sec. 528 of BNSS, 2023) to quash criminal proceedings is circumscribed by narrow limits—Record show that prosecutrix was minor at the time of sexual relationship with first petitioner and was found pregnant at recovery—Settlement, the later marriage/cohabitation, and the present pregnancy cannot furnish a legal basis to terminate the prosecution for offences of this gravity—Extra jurisdiction under Sec. 528 of BNSS/Sec. 482 of CrPC is not attracted—Petition dismissed.
[Paras 7 to 13]