Extracted from the PDF above. The PDF is authoritative.
No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS
C-528 No. 1799 of 2025 Hon ’ble Alok Mah r a, J.
Mr. Bhuwan Bhatt, learned counsel for the applicant.
2. Mr. K.S. Bora, learned D.A.G. alongwith Mr. Dinesh Chauhan, learned A.G.A. for the State.
3. The present criminal misc. application has been filed by the applicant challenging the chargesheet dated 01.08.2024, cognizance / summoning order dated 02.08.2024 as well as the entire proceedings of Special Session Trial No. 112 of 2024, State Vs. Tinku, under Sections 363, 366, 376 of I PC and Section 3(a)/ 4 of POCSO Act, pending in the court of FTSC Court/ Additional Session Judge, Roorkee, District Haridwar.
4. Today, the applicant and respondent no. 2 are present in-person before this Court. On interaction, they have informed to this Court that they have solemnized their marriage on 26.02.2025 and since then they are living happily together.
5.
Learned counsel for the applicant submits that the applicant and respondent no. 2 were in love and applicant has falsely been implicated in
the case.
6. Learned State Counsel, on the other hand, has vehemently opposed the present criminal misc. application.
7. Heard
learned counsel for the parties and perused the record.
8. The material on record indicates that the prosecutrix had voluntarily left her parental home and accompanied the applicant of her own volition. It is, no doubt, true that under the purview of the POCSO Act, the prosecutrix is legally a minor; however, the facts of the present case reveal that she was possessed of sufficient understanding, maturity, and discernment to comprehend the nature and consequences of her actions, and that she had voluntarily joined the company of the applicant.
9. It is well settled by a catena of decisions of the Hon’ble Supreme Court as well as various High Courts that, in cases involving young offenders and consensual relationships between adolescents, a liberal approach may be warranted, so as to prevent the regressive and adverse influences of prolonged incarceration and to further the principle of best interest of both the parties involved.
10. Since, applicant and respondent no. 2 have solemnized their marriage on 26.02.2025 and since then they are living happily together, therefore, no fruitful
purpose would be served if the proceedings of the case are allowed to continue against the applicant.
11. Accordingly, the present criminal misc. application is allowed. As a result, the entire proceedings of Special Session Trial No. 112 of 2024, State Vs. Tinku, under Sections 363, 366, 376 of I PC and Section 3(a)/ 4 of POCSO Act, pending in the court of FTSC Court/ Additional Session Judge, Roorkee, District Haridwar, is hereby quashed qua the applicant. FI R and charge-sheet filed pursuant thereto also stand quashed.
( Alok Mah r a J.)
27.02.2026 Ujjwal