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2025 DAILYLAW 3727 (UTT)

ABDUL SAMAD v. STATE OF UTTARAKHAND

C528/305/2025 · 2025-03-12

Alok Mahra

body2025

Judgment text

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2025:UHC:1682 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.305 of 2025 Hon’ble Alok Mahra, J. Mrs. Prabha Naithani, Advocate for the applicant. Mr. Deepak Bisht, Deputy Advocate General for the State of Uttarakhand/ respondent no.1. Mr. Vishal Vikram Singh, Advocate for respondent nos.2 & 3. 2. Amendment application (I.A. No.2 of 2025), being unopposed by learned counsel for the respondents, is allowed. Applicant to produce amended copy of prayer clause in the Registry, during the course of the day. 3. Present C-528 application is filed with the prayer to set-aside/quash the charge- sheet dated 04.02.2025 as well as cognizance/summoning order dated 05.02.2025 and the entire proceedings of Special Sessions Trial No.06 of 2025, pending in the Court of learned Special Judge (POCSO)/F.T.C./Additional Sessions Judge, Haldwani, District Nainital on the basis of compromise between the parties. 4. Along with present C528 application, a joint compounding application (IA No.1/ 2025) has been filed by the parties. In the compounding application, it is stated that the parties have settled the dispute amicably, parties are ready to compound the aforesaid case and the entire proceedings arises there- from. It is further stated in the compounding application that respondent no.2 does not want to prosecute the applicant in the aforesaid case. It is reported that applicant is in jail. An authorization letter signed by the applicant for filing the criminal misc. 2025:UHC:1682 application alongwith compounding application has been annexed as Annexure No.8 to the criminal misc. application. 5. Respondent nos.2 & 3 are present before this Court and are duly identified by their counsel. It is submitted by respondent no.3 that she has married with the applicant on 05.08.2024 and, as per the School Leaving Certificate her age is mentioned as 03.03.2005 and, as such, on the date of incident, she has attained majority age. 6. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 7. 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. 8. Following the aforesaid ratio, present compounding application (IA/1/2025) is allowed. The offences between the parties are permitted to be compounded. As a result, entire proceedings of entire proceedings of Special Sessions Trial No.06 of 2025, pending in the Court of learned Special Judge (POCSO)/F.T.C./Additional Sessions Judge, Haldwani, District Nainital. Liberty is granted to the applicant, who is in jail, to approach the Court concerned for obtaining the order for his release. 9. C-528 application stands disposed of. (Alok Mahra, J.) 12.03.2025 Arpan