Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Case >As per prosecution case, the girl was given a mobile phone by her parents to attend online classes during the Covid-19 pandemic and she became friends with the accused through a mutual friend. The accused who initially contacted the girl through phone started visiting her house and subjected her to sexual intercourse, despite her resistance. Councel for petitioner >The counsel for petitioner sought for quashing the proceedings based on the affidavit of the girl. Public Prosecutor >On the other hand, the Public Prosecutor opposed quashing of the FIR submitted that serious offences under the POCSO Act could not be settled on the strength of affidavit filed by the girl at a subsequent stage even after attaining majority. Court >the Court stated that despite hostility of the girl on the premise of settlement, the prosecution could use the statement of the girl recorded under Section 164 CrPC to support prosecution's allegations.