In case of rape and molestation of minor, whether the proceedings can be quashed on the ground that there is a settlement between the accused and the victim ?

The Allahabad High Court has answered this question in the negative.HC refuses to quash proceedings in rape and molestation of minor on the ground that accused and complainant have married each other and entered into a settlement.                           ‌As per the case the complainant was a widow.At the time of her husband's death, she had 5 children, of whom two were daughters and three were sons.She befriended the accused person after her husband's death.The accused is alleged to have made physical relations on 23. 8. 2020 by promising to marry the complainant.molested her minor daughter on 26..8. 2020 with wrongful intention.On the same day the accused assaulted the complainant and threatened her.Thereafter, the woman registered a case against the accused in police station Jhansi under Section 376(1), 323, 357ka, 504, 506 of the Indian Penal Code and Section 7 and 8 of the Protection of Children from Sexual Offenses Act.Presently this case is pending before the special court (POCSO Act.) at Jhansi.                              Petitioner Omprakash had filed a petition seeking quashing of the proceedings in the same case pending before the special court.Justice J.J. Munir's bench, while hearing the petition, said that in heinous crimes like rape and molestation of a minor, the victim does not have the freedom to compromise.As in cases of compoundable offense and civil nature.Petitioner Omprakash states that he and the complainant have got married as per Hindu rituals and both are living happily together as husband and wife.The mutual dispute between them is settled and there is a settlement between them.The affidavit related to the agreement has also been submitted by the complainant in the special court.The bench observed that the State is the forerunner of prosecution and it is the State which has to take prosecution to the logical level.In a case involving such a heinous crime, the endeavor of the Court is to determine the veracity of the allegations.The bench said that their intention is not to victimize the accused nor to release him because his relationship with the complainant has taken a new turn.                                                                             The bench said that the crime committed under rape and POCSO Act is a crime committed against the society.the truth of which is to be determined on the basis of an examination of the evidence which has been given before a court of competent jurisdiction.The bench further said that it cannot stay the prosecution proceedings in this case and cannot quash the proceedings on the basis of settlement between the parties at the instance of the complainant.                                                                                The bench refused to quash the present case, ignoring all the arguments of the petitioner.