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2025 DAILYLAW 527 (UTT)

KAMAL KUMAR v. STATE OF UTTARAKHAND

C528/1470/2025 · 2026-05-20

Alok Mahra

body2025

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No. 1470 of 2025 Hon ’ble Alok Mah r a, J. Mr. Akshay Pradhan, learned counsel for the applicant. 2. Mr. Nikhil Bisht, learned Brief Holder for the State. 3. 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 Session Trial No. 173 of 2023, State Vs. Kamal, under Sections 363, 366, 376(2)(n) of IPC and Section 5(J)(II),5(l),5(q)/ 6 of POCSO Act, 2012, pending in the court of learned Additional District and Session Judge/ Special Judge, POCSO, Haridwar. 4. In this case, an FIR was lodged by the brother of the victim on 03.09.2023, in which, it was alleged that sister of the complainant, who was a minor, has been induced by the applicant. Victim was recovered from the company of the applicant on 08.09.2023. Thereafter, statement of the victim were recorded under Section 161 and 164 Cr.P.C., in which, she has stated that she went on her own will alongwith the applicant. At the time of incident, victim was aged about 16 years and 8 months. Thereafter, after attaining the age of majority, applicant and victim solemnized their marriage on 11.09.2024 and out of the wedlock, son has been borne. 5. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties. 6. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 7. 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. 8. The Court interacted with the parties. Upon interaction, respondent nos. 2 and 3 submit that they have amicably settled their dispute with the applicant and they do not want to pursue with the criminal proceedings against the applicant. 9. At this stage, learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non-compoundable. 10. 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. 11. 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. 12. 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 proceedings of Special Session Trial No. 173 of 2023, State Vs. Kamal, under Sections 363, 366, 376(2)(n) of IPC and Section 5(J)(II),5(l),5(q)/ 6 of POCSO Act, 2012, pending in the court of learned Additional District and Session Judge/ Special Judge, POCSO, Haridwar, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 13. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. ( Alok Mah r a J.) 20.05.2026 Ujjwal