Kochi, 12 August (H.S.) :The Kerala High Court has ruled that a mother has no legal right to settle a criminal case against a father accused of sexually abusing their minor daughter, stressing that private compromises between parents cannot be allowed to obstruct prosecution in offences against children.
The court observed that such settlements cannot override the State’s responsibility to investigate and prosecute crimes committed against minors. The ruling came while the court dismissed the bail application of a 50-year-old man from Chalakudy in Thrissur district, who is accused of sexually abusing his 17-year-old daughter.
The prosecution alleged that the accused had repeatedly touched his daughter inappropriately and attempted to sexually abuse her. Police arrested him on April 17, following which he was remanded in judicial custody.
The High Court noted that the statement given by the minor contained allegations of serious sexual offences against her father. The accused had earlier approached the court seeking bail, but his first application was rejected.
During the subsequent bail plea, the defence informed the court that the dispute had been settled between the accused and his wife, who had originally lodged the complaint. The mother had also filed an affidavit stating that she had no objection to her husband being released on bail.
According to the defence, the mother further claimed that the daughter was not interested in proceeding with the trial and had no objection to her father securing bail.
The High Court, however, rejected the settlement argument, observing that the mother had attempted to compromise the case without adequately considering the interests and future of the minor girl.
The court made it clear that parents cannot enter into private settlements that effectively prevent the investigation or prosecution of serious offences against children. Such compromises, it said, cannot receive legal recognition when the allegations involve the sexual abuse of a minor.
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Hindusthan Samachar / Arun Lakshman
