Yes, the High Courts in India do have the power to quash an FIR or criminal proceedings under the Protection of Children from Sexual Offences (POCSO) Act, but this power is to be exercised with great caution and within the legal framework provided under Section 482 of the Code of Criminal Procedure (CrPC).

Section 482 CrPC preserves the inherent powers of the High Court to make such orders as may be necessary to (i) give effect to any order under CrPC, (ii) prevent abuse of the process of any court, or (iii) otherwise secure the ends of justice.

However, in POCSO cases, the courts have consistently emphasized that since these are offences against children, a vulnerable section of society, the scope for quashing is much narrower than in other criminal matters. The Supreme Court in Gian Singh v. State of Punjab (2012) and further in State of Madhya Pradesh v. Laxmi Narayan (2019) held that the High Court can quash proceedings even in non-compoundable offences if the parties have settled, but this does not generally apply to heinous or serious offences, especially those involving moral turpitude or offences against children.

Furthermore, in Nipun Saxena v. Union of India (2018), the Supreme Court underscored the need to prioritize the best interests of the child in all proceedings under POCSO.

Therefore, while the High Court does possess the power to quash POCSO-related FIRs or proceedings under Section 482 CrPC, this power is exercised:

• Rarely, and
• Only when the court is satisfied that the allegations do not prima facie disclose any offence or that the continuation of proceedings would amount to an abuse of process and result in a miscarriage of justice.

It is important to note that mere compromise between the parties is not a valid ground for quashing POCSO offences, as these are not private wrongs but offences against society.

Well reasoned reply to question. Thanks

Is Section 482, Cr.P.C. / 528, BNSS, 2023 is Available Remedy for Quashing Criminal Prosecution of Adolescent Population from Ambit of POCSO Act, 2012 by the High Court Study of Case Series: Madras High Court Judgment https://www.researchgate.net/publication/391708924_Is_Section_482_CrPC_528_BNSS_2023_is_Available_Remedy_for_Quashing_Criminal_Prosecution_of_Adolescent_Population_from_Ambit_of_POCSO_Act_2012_by_the_High_Court_Study_of_Case_Series_Madras_High_Court_J

Abstract

Alternate Dispute Resolution (ADR) mechanism is way to reduce pendency of the court cases in various courts. Compoundable offences may also be settled through the courts, when both parties to dispute agreed for amicable settlement.

Case registered under the POCSO Act provisions where both accused and victim are minor (child), child in conflict with law (CICL) under the provisions of Juvenile Justice Act, 2015, may fall innocent victim when fallen in love with each other and due to intimate relation, girl may become pregnant and disagreement between parents of either side leading to registration of First Information Report (FIR), Investigation, Charge Sheet, committal for trail. Arrest of boy child and issue of bail brought before competent court. At latter stage parents of both child boy and girls may accept their romantic relation, may be due to delivery of child, pregnancy of girl and settle dispute amicably, but since the statutory provision are non-compoundable in nature and approach concerned high court under section 482, Cr.P.C. [Section 528, BNSS, 2023] for quashing of criminal prosecution / FIR. Inherent power of the High Court under section 482, Cr.P.C. [Section 528, BNSS, 2023] authorized quashing of criminal prosecution at any stage [FIR/Investigation/Trial] in facts and circumstances of the case, based on the precedent set by the Supreme Court of India in earlier cases as no fruitful purpose will be served in continuing criminal prosecution and wastage of resources, may help in reducing the burden on courts.

This research paper deals with study and analysis of 16 such cases brought before the Madras High Court in a Habeas Corpus Petition decided recently on 14th March 2025, methodology adopted by the High Court, relevant factors considered for identification of cases fit for quashing discussed and shown a way of alternate dispute resolution in facts and circumstances of cases. This inherent power of the High Court may be utilized to protect adolescent population from unnecessary criminal prosecution and many lives can be allowed to peacefully live together with the support of both family till another amendment proposed and enacted by the Parliament.

There is need to create awareness among general population and children through school education, education in family to avoid such incidences in future as prevention is always better than cure. National Commission for Protection of Rights of Child and State Commission for Protection of Rights of Child, National Commission for Women and State Commission for Women and Juvenile Justice Boards, Child Welfare Commission, Support persons can play their much awaited role in assisting adolescent child in protecting their rights.

Key Words: Romantic Relationship, Love Affair, Criminal Prosecution, Quashing, Pregnancy, Delivery, Amicable Settlement

I believe that the High Court does have the power to quash an FIR, complaint, or criminal proceedings under the POCSO Act, but it's not something that happens automatically. The court will carefully review the circumstances of the case and decide whether there are valid reasons to dismiss it. I reckon that in cases where the allegations are clearly false or there is insufficient evidence, the court may choose to quash the proceedings to prevent any wrongful harm to the accused. However, the court's primary concern will always be the safety and protection of children, as this is the core purpose of the POCSO Act.