Kohima, September 18 (MExN): The Kohima Bench of the High Court on Tuesday quashed an FIR registered under the Protection of Children from Sexual Offences (POCSO) Act after noting that the parties had reached an amicable settlement and the chances of conviction were remote.
The petition, filed under Section 528 of the Bharatiya Nyaya Sanhita (BNSS), sought quashing of the FIR dated March 17, 2025, in Kohima Women Police Station Case No. 001/2025. The case was registered under Section 118 of the BNSS, Section 8 of the POCSO Act, and Section 75 of the Juvenile Justice Act, following allegations of physical and emotional abuse of a minor.
The FIR had been lodged by representatives of the Yimkhiung Liberu Arihako, a tribal women’s association, who later entered into a settlement with the petitioner.
A compromise agreement was signed on March 20, 2025, by community elders and the victim's guardian, resolving to settle the matter in the “true Christian spirit of love and forgiveness.”
The complainants subsequently wrote to the police seeking withdrawal of the FIR, stating that the inclusion of POCSO charges had been inadvertent and that there were no ingredients of sexual offence involved.
The petitioner’s counsel cited the Supreme Court judgment in Narinder Singh vs State of Punjab (2014), arguing that continuation of trial would serve no purpose due to the lack of prosecutorial support and the possibility of acquittal.
While the State opposed the petition, arguing that the victim had suffered significant harm, Justice Yarenjungla Longkumer held that proceeding with the trial would be futile.
“In such a case, even if the charge-sheet is filed and trial is allowed to proceed, the chance of the trial ending in conviction is remote because of the compromise between the parties,” the court said.
The court accordingly quashed the FIR and all proceedings in G.R. Case No. 21/2025 pending before the Chief Judicial Magistrate, Kohima.
