Uttarakhand High Court
Unknown vs Deepak Prasad) For The Offences ... on 22 March, 2024
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
Office Notes, reports,
orders or proceedings
SL.
Date or directions and COURT'S OR JUDGES'S ORDERS
No
Registrar's order with
Signatures
C 482 No. 182 of 2024
Hon'ble Rakesh Thapliyal, J.
1. Mr. M.S. Dhapola, learned counsel for the applicant.
2. Mr. Saurabh Pandey and Ms. Meenakshi Sharma,
learned Brief Holder for the State.
3. Mr. Arun Kumar, learned counsel for the respondent
no. 3.
4. Present C482 application has been filed along with
compounding application, which is supported with the
affidavit of applicant and respondent no. 3.
5. Applicant and respondent no. 3 are present in the
court and they are duly identified by their respective
counsel.
6. Applicant is facing trial in Special Sessions Trial No.
46 of 2022 arising out of FIR No. 0081 of 2022 (State Vs.
Deepak Prasad) for the offences punishable under Section
354, 363, 366, 376 IPC read with Section ¾ of the POCSO Act
pending in the court of Special Sessions Judge, Haldwani,
Nainital.
7. Learned counsel for the applicant submits that after
lodging of the FIR, charge-sheet was filed in the matter. It is
submitted in the compounding application that applicant
married with victim - respondent no. 3 on 30.06.2023 and
their marriage was registered on 04.07.2023. Copy of
marriage registration certificate is also placed on record by
way of affidavit.
8. Per contra, learned State Counsel submits that
offences for which applicant is facing trial admittedly are
non compoundable but looking into the fact that both are
married, therefore, continuation of these proceedings will
certainly spoil the future of applicant and victim, therefore,
compounding application can be allowed.
9. Learned counsel for both the parties have placed
reliance on the judgment rendered by Bombay High Court
and Himachal Pradesh High Court.
10. The Bombay High Court in the case of Shakil Ahmed
Shaikh and Another Vs. State of Maharashtra and another,
decided on 23.03.2023, in paragraph 7 observed that, "if the
victim attains the age of majority after lodging of the report
and they happily marry and reside under one shelter and
leading peaceful life as a husband and wife, therefore, the
continuity of the proceedings would be nothing but a futile
exercise." The Hon'ble Bombay High Court also relied upon
the judgment of the Hon'ble Apex Court in the case of Gian
Singh Vs. State of Punjab and another, (2012) 10 SCC 303.
11. The Himachal Pradesh High Court in the case of
Ranjeet Kumar Vs. State of H.P. decided 08.12.2023 in
paragraph 46 has held as under:
"46. This Court on the basis of the material placed on
record has satisfied itself that the child victim and her family
members have settled the dispute and the victim is now leading a
happy and peaceful married life and therefore, allowing the
prosecution to continue in such a case would only result in
disturbance in their happy family life and ends of justice in such
circumstances would demand that the parties be allowed to
compromise. We are further satisfied that such compromise is not
a camouflage to escape punishment and the consent given by the
victim for compromise is voluntarily. Lastly, and more
importantly, the Court is satisfied after considering all the facts
and circumstances of the case, that quashing the proceedings
would promote justice for victim and continuance of the
proceedings would otherwise cause injustice. Ordered
accordingly."
12. Considering the above judgments and facts and
circumstances of the case that applicant and victim are now
married and they are living happily, this Court is of the
view that the instant compounding application deserves to
be allowed. Accordingly, compounding application is
allowed.
13. Entire proceedings of Special Sessions Trial No. 46 of
2022 arising out of FIR No. 0081 of 2022 (State Vs. Deepak
Prasad) for the offences punishable under Section 354, 363,
366, 376 IPC read with Section ¾ of the POCSO Act pending
in the court of Special Sessions Judge, Haldwani, Nainital
are quashed.
14. C482 application stands disposed of.
(Rakesh Thapliyal, J.)
22.03.2024
SKS
