[Cites 7, Cited by 0]
Uttarakhand High Court
C528/664/2026 on 10 April, 2026
Office Notes,
reports, orders or
proceedings or
No Date COURT'S OR JUDGES'S ORDERS
directions and
Registrar's order
with Signatures
C-528 No. 664 of 2026
Hon'ble Alok Mahra, J.
Ms. Geetanjali Dhami, learned counsel
for the applicant.
2. Mr. B.N. Molakhi, learned D.A.G. for the
State.
3. Ms. Tanuja Joshi, learned counsel for the
complainant.
4. The present criminal misc. application is
filed with the prayer to set-aside and quash
the chargesheet, cognizance/summoning
order as well as the entire proceedings of
Special Sessions Trial No. 356 of 2023,
pending in the court of Special Judge
(POCSO), Udham Singh Nagar, on the basis of
compromise between the parties.
5. In the present case, a complaint was
filed by the father of the victim, wherein, it
was alleged that his minor daughter has been
forcefully taken by the applicant. The Police
recovered the victim from the house of the
applicant. Statement of the victim were
recorded under Section 164 Cr.P.C., wherein,
she has categorically submitted that she is in
love with the applicant and proposes to marry
him and no physical relationship were
established between them. Thereafter, after
attaining the age of majority, the applicant
and victim solemnized their marriage.
6. Compounding application is also filed in
the matter wherein it is prayed to compound
the offence between the parties under
Sections 363, 366A, 376 of IPC and Sections
5/6 of POCSO Act.
7. Learned counsel for the applicant
submits that the parties have amicably settled
their dispute and have entered into a
compromise.
8. Parties are present before this Court and
are duly identified by their respective
counsels. Parties have also filed their
respective affidavits stating the facts of
compromise between them.
9. Victim is present before the Court today.
Upon interaction, it is stated by her that they
have amicably resolved their dispute and she
do not want to pursue with the criminal
proceedings against the applicant. She further
submits that no physical relations were made
between them before their marriage. It is
further submitted that applicant and the
victim solemnized their marriage on
12.06.2024 and they are living happily as
husband and wife.
10. At this stage, learned State Counsel
raised a preliminary objection to the effect
that the offences sought to be compounded
are non-compoundable.
11. However, the Hon'ble Apex Court in the
case of B.S. Joshi and others Vs. State of
Haryana reported in (2003) 4 S.C.C., Page
675, has permitted compounding of non-
compoundable offences with the permission of
Court.
12. Furthermore, Hon'ble Supreme Court, in
a catena of its judgments, has observed that
in cases where because of the compromise
arrived at between the parties, possibility of
conviction is remote and bleak, the High Court
may quash the criminal proceedings as
continuation of the same would cause great
prejudice and injustice to the accused.
13. Following the aforesaid ratio, the present
compounding application is allowed. The
offences between the parties are permitted to
be compounded. As a result, the entire
of 2023, pending in the court of Special Judge
(POCSO), Udham Singh Nagar, are hereby
quashed qua the applicant. FIR and charge-
sheet filed pursuant thereto stand quashed.
14. Accordingly, the present criminal misc.
application stands disposed of in the aforesaid
terms.
(Alok Mahra J.)
10.04.2026
Ujjwal
