Uttarakhand High Court
C528/236/2026 on 18 March, 2026
2026:UHC:1881
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C528/236/2026
Hon'ble Alok Mahra, J.
Mr. Vikas Kumar Gulgani, learned counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. along with Mr. Prabhat Kandpal, learned Brief Holder for the State.
3. Mr. Rishabh Bisht, learned counsel for respondent no.2.
4. Present C-528 application has been filed seeking quashing of the charge-sheet as well as the cognizance/summoning order dated 21.08.2023 passed by the learned F.T.C./Additional Sessions Judge/Special Judge POCSO, Udham Singh Nagar in Session Trial No. 679 of 2023, for the offences punishable under Sections 341, 354-D and 506 I.P.C. and Section 11/12 of the Protection of Children from Sexual Offences Act, 2012, as well as the entire criminal proceedings arising therefrom.
5. Learned counsel for the applicant would submit that an F.I.R. has been lodged by the mother of the victim (respondent no.2 herein) alleging that the applicant had misbehaved with her daughter. It is submitted that after completion of investigation, the Investigating Officer submitted a charge-sheet, on the basis of which the learned trial court took cognizance and summoned the applicant to face trial.
6. Learned counsel for the applicant would further submit that a bare perusal of the contents of the F.I.R. does not disclose any 2026:UHC:1881 allegation that the applicant had made any sexually coloured remarks or intimidated the victim so as to constitute an act of sexual harassment within the meaning of Section 11 of the Protection of Children from Sexual Offences Act, 2012. It is submitted that the essential ingredients required to attract the offence under Section 11, punishable under Section 12 of the said Act, are completely absent from the allegations made in the F.I.R., and therefore the said provisions are not attracted in the present case.
7. It is further submitted that the applicant and the complainant/respondent no.2 have now amicably settled their dispute and do not wish to pursue the criminal proceedings any further. In this regard, a joint compounding application (I.A. No. 1 of 2026), duly supported by the affidavits of the applicant as well as respondent no.2, has been filed before this Court stating that the complainant does not intend to prosecute the applicant and that the parties have resolved their dispute amicably.
8. The applicant as well as respondent no.2/complainant are present in person before the Court and have been duly identified by their respective counsel. Upon interaction with the Court, both the parties have categorically stated that the dispute between them has been amicably settled and respondent no.2 does not wish to prosecute the applicant any further.
9. Learned State Counsel opposes the application on the ground that the allegations include an offence punishable under Section 11/12 of the Protection of Children from Sexual Offences Act, 2012, which is non- compoundable in nature. However, he does not dispute the factum of compromise arrived 2026:UHC:1881 at between the parties or the filing of the joint compounding application.
10. Heard learned counsel for the parties and perused the material available on record.
11. From the material brought on record, it transpires that the dispute between the applicant and respondent no.2 arose out of a personal altercation. The parties have now amicably resolved their dispute. A joint compounding application (IA No.1 of 2026), supported by their respective affidavits, has also been filed, wherein respondent no.2 has categorically stated that she does not wish to pursue the criminal proceedings against the applicant.
12. Although the offence under Section 11/12 of the Protection of Children from Sexual Offences Act, 2012 is non- compoundable, it is well settled that the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., may quash criminal proceedings in appropriate cases to secure the ends of justice or to prevent abuse of the process of the Court, even where the offences are non-compoundable, provided the Court is satisfied that the compromise between the parties is genuine and continuation of the proceedings would serve no useful purpose.
13. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and Narinder Singh vs. State of Punjab, (2014) 6 SCC 466 has held that criminal proceedings having overwhelmingly civil or personal flavour may be quashed on the basis of a compromise between the parties, even though the offences are non-compoundable, if the Court is satisfied that the compromise is genuine and the continuation of proceedings 2026:UHC:1881 would be an exercise in futility.
14. In the present case, this Court is satisfied that the compromise arrived at between the parties is voluntary, genuine and without any coercion. The complainant herself has stated before the Court that she does not wish to prosecute the applicant any further.
15. In view of the aforesaid facts and circumstances of the case, as well as the law laid down by the Hon'ble Apex Court, this Court finds that it is a fit case to exercise its inherent powers under Section 482 Cr.P.C. in order to secure the ends of justice.
16. Accordingly, the compounding application (IA No.1 of 2026) is allowed. The charge-sheet as well as the cognizance/summoning order dated 21.08.2023 passed by the learned F.T.C./Additional Sessions Judge/Special Judge POCSO, Udham Singh Nagar in Session Trial No. 679 of 2023, for the offences punishable under Sections 341, 354-D and 506 I.P.C. and Section 11/12 of the Protection of Children from Sexual Offences Act, 2012, as well as the entire criminal proceedings arising therefrom, are hereby quashed the applicant.
17. The present C-528 application is, accordingly, allowed.
18. Pending applications, if any, shall stand disposed of.
MAMT Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584a f1449e430ef900bf09a6d67ebbd642671 A RANI (Alok Mahra J.) 329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd548 52c9e68911ca8b66dd26690a191648ab 5d8dd004ef0, cn=MAMTA RANI Date: 2026.03.20 10:59:07 +05'30' 18.03.2026 Mamta