Uttarakhand High Court
C528/376/2026 on 25 March, 2026
2026:UHC:2156
Office Notes, reports,
orders or proceedings
SL.
No.
Date or directions and COURT'S OR JUDGE'S ORDERS
Registrar's order with
Signatures
C528/376/2026
Hon'ble Alok Mahra, J.
Mr. D.N. Sharma, learned counsel for the applicant.
2. Mr. Rakesh Joshi, learned Brief Holder for the State.
3. Ms. Manju Bahuguna, learned counsel for respondent no.2.
4. Present application has been filed seeking quashing of the charge-sheet as well as the cognizance/summoning order dated 01.04.2023 passed by the learned F.T.C./Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.286 of 2023, arising out of Case Crime/F.I.R. No.0752 of 2022, for the offences punishable under Sections 363, 366 and 376(2) of I.P.C. and Sections 5/6 of the Protection of Children from Sexual Offences Act, 2012, along with the entire criminal proceedings arising therefrom.
5. Learned counsel for the applicant would submit that the respondent no.2, who is the father of the victim, had initially lodged only a missing report regarding his daughter, without making any allegation of kidnapping, inducement or sexual assault against the present applicant; that, during the course of investigation the victim was recovered from the company of the applicant, whereafter the Investigating Officer added the offences under Sections 363, 366 and 376(2) IPC and Sections 5/6 of the POCSO Act, on the basis of which the impugned charge-sheet was submitted and cognizance was taken by the learned trial court.
6. Learned counsel for the applicant would further submit that there is no reliable proof regarding the age of the victim being 16 years at the time of the alleged incident. It is further submitted that after attaining the age of majority, the applicant and respondent no.3 (the victim) have solemnized their marriage as per Muslim rites and rituals on 09.02.2025, and out 2026:UHC:2156 of the said wedlock a female child was born on 03.03.2025.
7. It is next contended that the applicant and respondent nos.2 and 3 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 nos.2 and 3 has been filed before this Court stating that the matter has been resolved amicably and that the complainant does not intend to prosecute the applicant any further.
8. The applicant as well as respondent nos.2 and 3 (complainant and victim) are present in person before the Court and have been duly identified by their respective counsel. Upon interaction with the Court, respondent no.2, who is the father of the victim, has categorically stated that the dispute has been settled amicably and that he does not wish to pursue the criminal proceedings against the applicant any further since the marriage between the applicant and respondent no.3 has already been solemnized with the consent of the families.
9. Respondent no.3 (the victim), who is present before the Court along with her minor daughter, has also stated that she has solemnized marriage with the applicant and that out of their wedlock a girl child has been born. She further submits that she is presently residing with the applicant and both of them are living together peacefully and discharging their matrimonial obligations. She has categorically stated that she does not wish to prosecute the applicant and has no objection if the criminal proceedings are quashed.
10. Learned State Counsel opposes the application on the ground that the allegations pertain to serious offences which are non- compoundable in nature, particularly under the POCSO Act. However, he does not dispute the factum of compromise between the parties nor the filing of the joint compounding application supported by their affidavits.
11. Heard learned counsel for the parties and perused the material available on record.
2026:UHC:2156
12. From the material placed before this Court, it appears that the dispute between the parties had arisen in the backdrop of a personal relationship between the applicant and respondent no.3. It is not disputed that the parties have now solemnized marriage after attaining majority and are living together as husband and wife, and a child has been born out of their wedlock.
13. The presence of the complainant and the victim before this Court and their categorical statements leave no doubt that the compromise arrived at between the parties is voluntary, genuine and without any coercion or undue influence.
14. It is true that the offences alleged are non- compoundable. However, it is well settled that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., may quash criminal proceedings even in respect of non- compoundable offences, if the Court is satisfied that the dispute is essentially of a personal nature and that continuation of the criminal proceedings would amount to abuse of the process of law.
15. The Hon'ble Supreme Court in Gian Singh vs. State of Punjab, (2012) 10 SCC 303 has held that the High Court may quash criminal proceedings in exercise of its inherent jurisdiction where the dispute between the parties is overwhelmingly personal or matrimonial in nature and the parties have resolved their dispute amicably, provided that such exercise of power would secure the ends of justice.
16. Similarly, in Narinder Singh vs. State of Punjab, (2014) 6 SCC 466, the Hon'ble Supreme Court has laid down the principles governing the exercise of jurisdiction under Section 482 Cr.P.C. on the basis of compromise and held that the Court must consider whether the continuation of criminal proceedings would be futile and would not serve the ends of justice. Further, in Parbatbhai Aahir vs. State of Gujarat, (2017) 9 SCC 641, the Hon'ble Supreme Court reiterated that the inherent power of the High Court under Section 482 Cr.P.C. is of wide amplitude and may be 2026:UHC:2156 exercised to quash criminal proceedings in order to prevent abuse of the process of the Court or to secure the ends of justice, having regard to the nature of the offence and the circumstances of the case.
17. In the present case, the Court finds that the applicant and respondent no.3 are now lawfully married and are living together along with their minor daughter. The complainant as well as the victim have clearly stated that they do not wish to pursue the criminal proceedings any further.
18. In such circumstances, continuation of the criminal proceedings would serve no fruitful purpose and would adversely affect the matrimonial life of the parties as well as the future of the child born out of their wedlock.
19. Considering the totality of the facts and circumstances of the case and the law laid down by the Hon'ble Supreme Court in the aforesaid judgments, this Court is of the view that this is a fit case for exercising the inherent powers to secure the ends of justice and to prevent abuse of the process of the Court.
20. Accordingly, the compounding application (I.A. No.1 of 2026) is allowed.
21. Consequently, the charge-sheet as well as the cognizance/summoning order dated 01.04.2023 passed by the learned F.T.C./Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.286 of 2023 arising out of Case Crime/F.I.R. No.0752 of 2022, for the offences punishable under Sections 363, 366, 376(2) IPC and Sections 5/6 of the Protection of Children from Sexual Offences Act, along with the entire criminal proceedings arising therefrom, are hereby quashed.
22. The present C-528 application is, accordingly, allowed.
23. Pending applications, if any, shall stand disposed of.
MA Digitally signed by MAMTA (Alok Mahra J.) RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, MTA 2.5.4.20=6a812005bebfcf46f 244f3e584af1449e430ef900 bf09a6d67ebbd642671329b, 25.03.2026 Mamta postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1 RANI d9cabfd54852c9e68911ca8b 66dd26690a191648ab5d8dd 004ef0, cn=MAMTA RANI Date: 2026.03.31 10:32:39 +05'30' 2026:UHC:2156