Every girl has right to live her life peacefully and without any threat to her dignity, life: MP HC refuses to quash a POCSO Case based on a compromise

The Madhya Pradesh High Court in the case of Hani Sharma vs. State of M.P. & Anr. refused to quash a POCSO case based on compromise and ruled that every girl has the right to live her life peacefully and without any threat to her dignity and life.

The respondent had lodged a report that for the last two years the applicant is teasing her, used to stalk her and harass her but as she was afraid of him, therefore, she did not disclose it to anybody. When the harassment by the applicant crossed its limit, then she informed her parents also. They also tried to persuade the applicant but he did not improve. Thereafter, her parents got her admitted in Engineering College, Pune and at present she is residing there. Later in that year, she came to her house to celebrate Diwali. She had gone to the house of her maternal uncle. When she was going to the ATM in order to withdraw money, the applicant caught hold of her hand and started misbehaving and when she shouted, he ran away. While fleeing away, he also extended a threat that in case if she lodges a report, then he would kill her and also gave a threat that he will throw acid on her.

Advocate D.R. Sharma, appearing for the applicant, contended that an application under Section 320(2) of Cr.P.C. was filed before the Trial Court but since the offences were non compoundable, therefore, the said application was rejected. 

The single judge bench of Justice G.S. Ahluwalia noted that the statement of the respondent and her father have been kept in a sealed cover. The sealed cover was opened and it has been resealed. 

The court said that from the statement of respondent it is clear that she has merely stated that now she has compromised the matter.  

The court after considering the circumstances and nature of the allegations held that  the offence committed by the applicant is against the society. Every girl being a citizen of India has a right to live her life peacefully and without any threat to her dignity and life. Under these circumstances, the Court found that it fit to not quash the proceedings on the basis of compromise.   

Click Here To Read Original Order /Judgement

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