Can POCSO cases be quashed based on compromise between victim and accused? Supreme Court to decide

The Supreme Court is set to decide whether cases under the Protection of Children from Sexual Offences (POCSO) Act can be quashed solely on a compromise between the victim and the accused [State of Kerala and Another v. Hafsal Rahman NK and Others].A Division Bench of Justices Ajay Rastogi and Abhay S Oka issued notice on a Special Leave Petition (SLP) moved by the State of Kerala against an order of the Kerala High Court, wherein it had quashed proceedings under the POCSO Act against the accused on the basis of an amicable settlement with the victim.The accused, one Hafsal Rahman (teacher of the victim), was booked under Sections 9(f) and 10 of the POCSO Act for touching the cheeks of the victim and kissing her on the forehead.The Kerala High Court, after recording the affidavit filed by the victim stating that an amicable settlement has been arrived upon between the victim and accused and that she has no objection for quashing of the criminal proceedings pending, had quashed the POCSO proceedings against the accused.The State of Kerala argued that the quashing of the criminal proceedings under the POCSO Act against the accused, solely on the basis of a compromise between the victim and accused, cannot be allowed in view of the decision of the Supreme Court in State of Madhya Pradesh v. Laxmi Narayan and Others.In the Laxmi Narayan case, the Supreme Court had held:"In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society."The Supreme Court taking note of the State's submission issued notice on the SLP. The Court also stayed the operation of the Kerala High Court's order that quashed the proceedings against the accused.Advocate-on-Record G Prakash, advocates Priyanka Prakash and Beena Prakash appeared for the appellants.[Read Order]