Justice Sachin Datta delivered the order on September 22, rejecting the petition of a 49‑year‑old accused who had asked the court to quash the case after a settlement with the minor survivor. The court noted that the prosecution evidence had already been recorded.
The judge cited Supreme Court precedent that the power to quash a criminal case on the basis of a settlement cannot be exercised for heinous and serious offences such as those involving mental depravity or sexual assault. Under the POCSO Act, the accused’s alleged conduct falls squarely within the category of aggravated penetrative sexual assault, punishable under sections 376 and 506 of the IPC and section 6 of the Act.
The accused, who was in a position of trust over the child, allegedly committed the offence in 2022. The court stressed that a settlement between victim and offender has no legal sanction in such cases, thereby preserving the object of the statute.
The ruling reinforces that child sexual abuse cases cannot be settled by the survivor or their family, and it sets a clear precedent for future petitions. The case will now be scheduled for trial, with the next hearing expected in early October.