(per the Hon’ble, the Chief Justice)
The aforesaid petition is placed before us pursuant to the
reference made by the learned Single Judge (Hon’ble B.
Bhattacharjee, J) vide order dated 12th June, 2024, in view of his
disagreement with the judgment and order dated 23rd March,
2022 passed by the coordinate Bench (Hon’ble W. Diengdoh, J)
in Crl Petn No. 63 of 2021.
2. Although, the learned Single Judge has not framed the
issue for reference, having perused the said order dated 12th
June, 2024, the following issue is framed:
Whether a case under the POCSO Act, 2012, which is a
Special Act, protecting children from sexual exploitation and
sexual abuse, and considered as heinous crime, can be quashed
with the consent of the accused and the victim, under Section
528 of BNSS, having regard to the fact, that the POCSO Act has
an overriding effect on any other law and there being no specific
exclusion, can any personal law or custom prevail over or
override the provisions of the POCSO Act?