High Court allowed compounding of offences and quashed POCSO proceedings where the accused and victim were legally married with a child, invoking inherent jurisdiction to do substantial justice despite the nature of the offence.
Quashing of entire proceedings of Special Sessions Trial No.279 of 2023 and permission to compound offences.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2026:UHC:3393
| SL. No. |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| C528 No.794 of 2026 Hon’ble Alok Mahra, J. |
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| Mr. Sachin, Advocate, holding brief of Mr. Kishore Rai, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. Mr. Mani Kumar, Advocate for respondent nos.2 & 3. |
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| 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 29.08.2022, cognizance/summoning order dated 22.03.2023 and the entire proceedings of Special Sessions Trial No.279 of 2023, pending in the Court of learned FTC/Additional Sessions Judge/Special Judge (POCSO), Rudrapur, District Udham Singh Nagar on the basis of compromise between the parties. 3. Compounding application (I.A. No.1 of 2026) is also filed in the matter wherein it is prayed to compound the offence between the parties. 4. Applicant as well as respondent no.3 are present before the Court today, who have been duly identified by their learned counsel. It is reported that complainant is in jail. However, complainant has already filed an affidavit in support of the compounding application, affirming the factum of compromise arrived at between the parties. |
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| 5. Respondent no.3 submits that she |
2026:UHC:3393
has solemnized marriage with Bhupram and that, out of their wedlock, a child has been born. It is further submitted that they are living a happy matrimonial life. 6. Learned State Counsel vehemently opposed the compounding application. 7. Hon’ble Supreme Court in a recent judgment has recognized that although the accused had committed a serious offence under the POCSO Act, the proceedings could not be quashed solely on compromise. However, the Court emphasized compassion and practicality, noting the accused and the victim were legally married and expecting a child. The Court observed the crime arose from love, not lust, and the victim wished to live peacefully with her husband. Continuing prosecution or imprisonment would disrupt the family unit. Balancing law with empathy, the Court quashed the proceedings, allowing the family to remain intact under appropriate safeguards. 8. In the present case, as noted above, Bhupram and the victim are lawfully married, and a child has been born of their wedlock. In these circumstances, in case, the proceedings are allowed to continue, it would amount to denial of complete justice to the parties. Therefore, it is a case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 9. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded.
2026:UHC:3393
As a result, entire proceedings of Special
Sessions Trial No.279 of 2023, pending
in the Court of learned FTC/Additional
Sessions Judge/Special Judge (POCSO),
Rudrapur, District Udham Singh Nagar,
are hereby quashed.
10. C-528 application stands disposed
of.
(Alok Mahra, J.)
05.05.2026
Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.05 17:52:09 +05'30'
1 issue framed by the court
Whether the POCSO proceedings could be quashed on compromise when the accused and victim are legally married?
1 provisions across 1 enactments
Bhupram
State of Uttarakhand
Respondent nos. 2 & 3
Alok Mahra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
