New Delhi, March 8 – Strongly criticising choosing mediation for a sexual assault case involving two minor girls, the Delhi High Court said that serious offences demand legal proceedings but rejected a plea to revive the matter.
The case, where the complaint was initially filed under the Protection of Children from Sexual Offences (Pocso) Act, involved a man seeking to reopen the complaint against a relative after seven years.
Justice Swarana Kanta Sharma decried the attempt to reopen the case, saying that the court cannot show such insensitivity.
The court also expressed concern over the camouflage of the plea as an act of love for the children, saying that courts cannot ignore the facts of the case. It found it disturbing that parents would exploit the Pocso Act to settle personal scores.
The petitioner, estranged from his wife, claimed to have been deceived into withdrawing the complaint through mediation.
The high court, while noting the trial court’s referral for mediation, criticised the lack of adherence to mediation principles and judicial precedents. It deemed the mediated settlement agreement, which included burying matrimonial disputes, unacceptable in cases involving serious offences, particularly under the Pocso Act.
The court observed that no mediation is permissible in cases of such gravity, saying that any attempt to compromise undermines justice and the rights of victims.
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