VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) Can criminal proceedings involving non-compoundable sexual offences against women and children be quashed upon a compromise between the accused and the victim, invoking Sec. 482 of the Code of Criminal Procedure? - this is the common issue that falls into consideration in these bunch of cases.

(2.) The petitioners in all cases are the accused involved in sexual offences either under Chapter XVI of the Penal Code, 1860 (for short 'IPC') or under Chapter II of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act') or both. All of them seek to quash the proceedings on the ground of settlement with the victim.

(3.) Since there were divergent views on the subject by the Apex Court and High Courts across the country, I have directed the Counsel for the petitioners as well as the Public Prosecutors to address arguments in detail.