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. 2226 of 2025 Hon’ble Alok Mahra, J.
Mr. Matloob Rawat, learned counsel for the applicant.
2. Mr. K.S. Bora, learned D.A.G. for the State.
3. Mr. Bhupendra Prasad,
learned counsel for respondent no. 2.
4. Present C-528 application is filed with the prayer to set-aside/quash the summoning
order dated 19.06.2023 passed by the Court of FTC/Additional District and Session Judge (POCSO), Haridwar in Special Session Trial No. 84 of 2023, State Vs. Sarfaraj, pending in the court of FTC/Additional District and Session Judge (POCSO), Haridwar, under Sections 376(2)(n) of IPC and Section 5(j)(ii), (L)/6 of POCSO Act, on the basis of compromise between the parties.
5. In this case, FIR was lodged by respondent no. 2, wherein, it is alleged that in the month of June, 2022, first time relations were made between the applicant and respondent no. 2 and the relations were consensual, but, at that time, she was not major and around 17 years of age. Due to this physical relation, she became pregnant and a baby boy was delivered on
08.03.2023.
6. Today, Compounding Application
(IA/1/2025) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 376(2)(n) of IPC and Section 5(j)(ii), (L)/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 virtually 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. It is further submitted by the parties that they have solemnized their marriage on 12.09.2025 and they have a son aged about three years. Respondent no. 2 submits that she does not want to proceed with the case.
10. The applicant and the victim are not only legally married, they are also in their family way. While considering the offence committed by the applicant punishable under the POCSO Act, this Court has discerned that the crime was not the result of lust but love. The victim of crime herself has expressed her desire to live a peaceful and stable family life with the applicant, upon whom she is dependent, without the applicant carrying the indelible mark on his forehead of being an offender. Continuation of the criminal proceedings and the applicant’s incarceration would only disrupt this familial unit and cause
irreparable harm to the victim, the infant child, and the fabric of society itself.
11. 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, 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. 84 of 2023, State Vs. Sarfaraj, pending in the court of FTC/Additional District and Session Judge (POCSO), Haridwar, under Sections 376(2)(n) of IPC and Section 5(j)(ii), (L)/6 of POCSO Act, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed.
13. C-528 application stands disposed of in the aforesaid terms.
(Alok Mahra J.)
25.02.2026 Ujjwal