The Delhi High Court refused to quash a prosecution under the Protection of Children from Sexual Offences Act after the accused relied on a private settlement and the survivor’s current wishes.
Justice Sanjeev Narula distinguished a person’s present wishes from the legal assessment of conduct alleged to have taken place during minority. The court said disputes over the evidence were for the trial court to resolve.
The decision leaves the prosecution pending. Any finding on criminal liability will depend on the evidence at trial.