ORDER : The sole accused in S.C.No.755/2019 on the files of the Fast Track Special Court, Attingal, Crime No.1449/2018 of Kilimanoor Police Station, Thiruvananthapuram, has filed this petition under Section 482 of the Code of Criminal Procedure to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings in the above case. 2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor. 3. The prosecution case herein is that the accused, with intention to subject the minor victim, aged 17 years, to sexual assault, at about 9.45 am on 26.09.2018, while the victim was travelling in RKV private carriage, sat beside him and caught hold on his thigh and other parts of the body and grasped the victim towards him. The further allegation is that he commented that the victim's thigh was so good, with sexual intent, and attempted to remove the zip of his pants with sexual intent. This is the base on which the prosecution alleges commission of offences punishable under Sections 7 and 8 of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘the PoCSO Act). 4. While canvassing quashment of these proceedings, the learned counsel for the petitioner would submit that no ingredients to attract offences alleged are made out, prima facie. That apart, now the victim filed Annexure A3 affidavit, conceding pre-trial termination of the proceedings initiated as per Annexure A1 FIR and Annexure A2 final report and therefore, quashment is pressed into. 5. Whereas the learned Public Prosecutor strongly opposed quashment of the proceedings, where the prosecution alleges commission of offence under Section 7 r/w 8 of the PoCSO Act is well made out, prima facie. 6. Adverting to the power of this Court to quash criminal proceedings by resorting to Section 482 of the Cr.P.C., indubitably, in respect of serious offences like murder, rape, dacoity, etc., or other offences of mental depravity under IPC or offences of moral turpitude under special statutes, like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity, the settlement between the offender and the victim can have no legal sanction at all. In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. In a case of rape or attempt of rape, the conception of compromise under no circumstances can really be thought of. These are crimes against the body of a woman which is her own temple. These are offences which suffocate the breath of life and sully the reputation. And reputation, needless to emphasise, is the richest jewel one can conceive of in life. No one would allow it to be extinguished. When a human frame is defiled, the "purest treasure", is lost. Dignity of a woman is a part of her non-perishable and immortal self and no one should ever think of painting it in clay. There cannot be a compromise or settlement as it would be against her honour which matters the most. It is sacrosanct. Sometimes solace is given that the perpetrator of the crime has acceded to enter into wedlock with her which is nothing but putting pressure in an adroit manner; and that the Courts are to remain absolutely away from this subterfuge to adopt a soft approach to the case, for any kind of liberal approach has to be put in the compartment of spectacular error. Or to put it differently, it would be in the realm of a sanctuary of error. Such an attitude reflects lack of sensibility towards the dignity, the elan vital, of a woman. Any kind of liberal approach or thought of mediation in this regard is thoroughly and completely sans legal permissibility. 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 decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences. In other words, grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large. In other words, grave or serious offences or offences which involve moral turpitude or have a harmful effect on the social and moral fabric of the society or involve matters concerning public policy, cannot be construed betwixt two individuals or groups only, for such offences have the potential to impact the society at large. Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means. It is well said that “let no guilty man escape, if it can be avoided.” 7. Thus, the law as it stands is that although High Court can invoke its jurisdiction u/s.482 Cr.P.C. even in non-compoundable offence and can quash the proceedings on the basis of settlement arrived at between the parties even in the cases of non-compoundable offences but while exercising its jurisdiction this Court must consider the fact that whether the proceeding relates to any serious and heinous offences and whether the crime in question has impact over the society. In cases of serious nature which affects the society at large this Court should not exercise its jurisdiction under Section 482 Cr.P.C. for quashing the proceedings on the basis of compromise executed between the parties. (See decisions in Gian Singh v. State of Punjab and Another reported in [ (2012) 10 SCC 303 ], Narinder Singh and Others v. State of Punjab and Another reported in [(2014) 9 SCC 466], Shimbhu v. State of Haryana reported in [AIR 2014 Supreme Court 739](three Bench), State of Madhya Pradesh v. Madanlal reported in [AIR 2015 Supreme Court 3003] (two Bench), Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat and Another reported in [ (2017) 9 SCC 641 ], State of Madhya Pradesh v. Laxmi Narayan & Ors. reported in [ (2019) 5 SCC 688 ], Arun Singh and Others v. State of Uttar Pradesh Through its Secretary and Another reported in [(2020) (3) SCC 736], Ram Gopal & Another v. State of Madhya Pradesh reported in [(2021 0 Supreme (SC) 529)], Daxaben v. The State of Gujarat & others reported in [2022 LiveLaw (SC) 642], th P.Dharmraj v. Shanmugam and others decided on 8th September 2022 in Crl.Appeal Nos.1515-1516 of 2022). 8. 8. Thus, settlement of cases under the POCSO Act offences is not permissible under law. This position has been affirmed by the Apex Court in a recent decision reported in [2024 KLT OnLine 2105 (SC)] in Re: Right to Privacy of Adolescents (Suo Motu W.P.(C) No.3/2023) and it was held by the Apex Court in paragraph No.21 that, on a plain reading of “sixthly” in Section 375 read with Section 376(2) (n) of the IPC, notwithstanding the consensual sexual relationship, the offence punishable under clause (n) of subsection (2) of Section 376 of the IPC, was made out. One of the objectives of the POSCO Act is to effectively address sexual exploitation and sexual abuse of children, as both offences are very heinous. To give effect to the United Nations Convention on the Rights of Children ratified by India on 11 th December 1992, the POCSO Act has been enacted. As noted earlier, in the facts of the case, the accused was not an adolescent, but his age was about twenty-five years on the date of the commission of the offence, and the victim was only fourteen years old. When such offences of rape and aggravated penetrative sexual assault are committed, by exercising its jurisdiction under Article 226 of the Constitution of India and/or Section 482 of the Cr.PC, the High Court cannot acquit an accused whose guilt has been proved. The case considered by the Apex Court is one where evidence already adduced and guilt was proved. 9. Here, the prosecution allegation is that the accused, with intention to subject the minor victim to sexual assault, at about 9.45 am on 26.09.2018, while the victim was travelling in RKV private carriage, sat beside him and caught hold on his thigh and other parts of the body and grasped the victim towards him. The further allegation is that he commented that the victim's thigh was so good with sexual intent and attempted to remove the zip of the victim's pants with sexual intent. In the First Information Statement given by the victim as well as in the 164 Cr.P.C. Statement, he had specifically stated the overt acts. 10. Coming to the ingredients to attract the offence under Section 7 of the PoCSO Act, punishable under Section 8 of the Act, it is same are as under: “7. In the First Information Statement given by the victim as well as in the 164 Cr.P.C. Statement, he had specifically stated the overt acts. 10. Coming to the ingredients to attract the offence under Section 7 of the PoCSO Act, punishable under Section 8 of the Act, it is same are as under: “7. Sexual assault.—Whoever, with sexual intent touches the vagina, penis, anus or breast of the child or makes the child touch the vagina, penis, anus or breast of such person or any other person, or does any other act with sexual intent which involves physical contact without penetration is said to commit sexual assault. 8. Punishment for sexual assault.—Whoever, commits sexual assault, shall be punished with imprisonment of either description for a term which shall not be less than three years but which may extend to five years, and shall also be liable to fine.” 11. Now the question arises for consideration is whether touching on the thigh and various parts of the body and grasping the minor victim towards the accused, after commenting that his thigh is good with attempt to remove the zip of the pants of a male minor victim would attract offence under Section 7 of the PoCSO Act? 12. Going by the definition of sexual assault as per Section 7 of the PoCSO Act, doing the act of touching the vagina, penis, anus or breast of the child or make the child touch the vagina, penis, anus or breast of such a person or any other person, or doing any other act with sexual intent which involves physical contact without penetration is an offence. That means, excluding touching of vagina, penis, anus and breast of the child or make the child to touch on the vagina, penis, anus and breast of such person or any other person, doing any act with sexual intent which involve physical contact without penetration is an offence under Section 7, made punishable under Section 8 of the PoCSO Act. Reading the overt acts alleged against the petitioner with ingredients necessary to constitute an offence under Section 7 of PoCSO Act, there is specific allegation that the accused touched on various parts of the body of the victim, caught hold on his thigh and grasped the victim towards him commenting that his thigh was good. Soon he attempted to remove the zip of the pants of the victim. Soon he attempted to remove the zip of the pants of the victim. These overt acts taken together, the same could not be read as acts without a sexual intent and these overt acts would squarely cover the statutory wordings in Section 7 of the PoCSO Act, viz., ‘or does any other act with sexual intent which involves physical contact without penetration’. Therefore, prima facie, offence under Section 7 punishable under Section 8 of the PoCSO Act is well made out and in such a case, settlement in view of the affidavit filed by the minor victim, who now attained majority, retracting his previous versions cannot be the foundation for quashing a criminal prosecution involving PoCSO Act offences. In view of the above, quashment is liable to fail and is dismissed accordingly. Interim order of stay stands vacated. Registry is directed to forward a copy of this order to the jurisdictional court for information and further steps.