Accused Seeks Quashing Of POCSO Case Saying Victim Would Face Social Stigma, Delhi High Court Imposes Rs. 10K Costs

The Delhi High Court has imposed Rs. 10,000 costs on an accused who sought quashing of a POCSO case registered against him on the ground that it was in the interest of the minor victim who would otherwise would face social stigma.

Justice Girish Kathpalia refused to quash the FIR and rejected the accused's argument saying:

“The stigma has to be, not on the victim of the wrong, but on the perpetrator of the wrong. There has to be paradigm shift in societal mindset by attaching stigma to the accused and not to the girl who underwent the horrid suffering by way of rape.”

The accused sought quashing of the FIR registered under Section 137 and 65(1)/351 of BNS and Section 6 of POSCO Act on the ground that the victim had compromised the disputes with him.

The prosecution strongly objected to the petition, saying that the accused was a Proclaimed Offender as on date and that the prosecutrix was and continues to be a minor in age.

The Court rejected the accused's argument that the parents of prosecutrix had settled the disputes with him.

“This argument also is completely devoid of merit. For, it is the minor girl, and not her parents who was wronged and suffered because of the alleged act on the part of the petitioner. It is only the prosecutrix, who could have pardoned the wrongdoer, that too in certain specific conditions. As mentioned above, prosecutrix continues to be a minor girl,” the Court said.

It noted that as per the FIR, the minor victim was blackmailed into physical relationship by the accused after making her video and that the accused was absconding and had been declared Proclaimed Offender.

While refusing to quash the POCSO case, the Court directed:

“The petition is dismissed with costs of Rs.10,000/- to be deposited by petitioner with DHCLSC within one week.”

Title: ALTAF v. STATE GOVT OF NCT OF DELHI AND ANR

Citation: 2025 LiveLaw (Del) 1045

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