Parents can't compromise on behalf of minor children: HC

Guwahati: The Gauhati High Court has ruled that even if a compromise is arrived at between the defendant and aggrieved parties, courts cannot quash a case under powers bestowed by Section 482 of the CrPC if the case in question involves moral turpitude and grave offences like rape, murder etc. The court further ruled that the parents of a minor person cannot give consent to a compromise on the behalf of the minor person when the offence involved is a grave one such as rape or attempted rape.

The court made this ruling while dismissing a revision petition filed by a Nagaland-based man who sought that proceedings against him in a trial court be quashed because he has entered into a compromise agreement with the family of a minor girl whom he allegedly tried to rape on October 15, 2016.

The court observed: "In the case in hand, the offences are grave in nature involving a minor victim. The allegations are under Section 354A (2)/307 read with Section 18 of the POCSO Act. Therefore, when the offences are grave in nature and the allegation is of an attempt of rape of a minor, such allegation and the criminal proceeding cannot be quashed on the basis of a compromise entered into between the families of the victim and the accused, inasmuch as when it is a sexual offence involving a minor, the parents, in the considered opinion of this court, cannot give consent on behalf of the minor to compromise such serious offences."

The court further observed: "The law is by now well settled that courts can compound cases in the exercise of its power under Section 320 of the Code of Criminal Procedure. Law is also well settled that the High Court in the exercise of its power under Section 482 CrPC can quash criminal proceedings involving non-compoundable offences, considering facts and circumstances of the case more particularly when disputes are amicably settled and the victim is having no objection to such compromise. Under what circumstances and in which cases the High Court can exercise such power will depend on the fact and circumstances of each case. It is also settled that offences which involve moral turpitude and grave offences like rape, murder etc., even if compromised, cannot be quashed in exercise of High Court's power under Section 482 CrPC inasmuch as such offences are against the State and cannot be restricted to two individuals or groups."

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