The High Court of Karnataka has stayed the investigation into a rape case registered against a 16-year-old boy till the court examines whether the criminal case could be closed based on the mutual settlement reached between the families of the accused boy and the victim girl, who is also a minor.
The court noted that both the boy and the girl, and their parents, have entered into a settlement and want to close the criminal case registered by the Bengaluru city police against the boy under the provisions of the Protection of Children from Sexual Offences (POCSO) Act, 2006.
‘It was also pointed out to the court by the counsel of petitioner-boy, represented through his father, that there is constant harassment during the investigation.
It was also contended on behalf of the petitioner-boy that there are plethora of cases rendered by the constitutional courts accepting settlement and termination of criminal proceedings.
Pointing out that contentions require consideration, Justice M. Nagaprasanna stayed the investigation till May 23 while adjourning further hearing till May 24.
The case was registered after the girl’s father lodged a complaint with the police in November last year that his minor daughter did not return home from the college. The police, who tracked the girl based on her mobile phone location, found her with the boy and later registered rape case against him after recording statement of the girl and her parents.
It was pointed out to the court that both the boy and girl were in a relationship, and whatever happened was a result of their relationship and differences. The court was also informed that parents of both the adolescents, based on several rounds of counselling, had mutually decided to put an end to the case keeping in mind the future of the youngsters.
‘Cannot be settled’
Meanwhile, the prosecution told the court that cases registered for offences under POCSO Act cannot be settled through mutual agreement.
However, the counsel for petitioner-boy cited a decision of Madras High Court, which in January 2021 had quashed a criminal proceedings in case registered under POCSO Act by allowing settlement between families of two minors.
“Punishing an adolescent boy who enters into a relationship with a minor girl by treating him as an offender, was never the objective of the POCSO Act...,” the Madras High Court had observed in its verdict.
