Once the consent of the minor prosecutrix is immaterial for registration of the offence, such consent shall remain immaterial for all practical purposes at all stages, including for compromise, the Court added.
Justice Samit Gopal observed,
“Merely because, the minor prosecutrix has later on agreed to enter into a compromise with the applicant, would not be sufficient to quash the proceedings. Since the Protection of Children from Sexual Offences Act (POCSO Act), 2012 is a Special Act, therefore, in view of the provisions of Sections 375 Sixthly of IPC, the consent of the prosecutrix is material. Thus, this Court is of the considered opinion that the prosecution of the accused for offence under Sections 3/4 of POCSO Act, 2012 cannot be quashed merely on the ground that the prosecutrix has compromised the matter with the accused.”
Source: Barandbench
