2026:UHC:976 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.71 of 2026 Hon’ble Alok Mahra, J. Mr. Bhuwnesh Joshi, Advocate for the applicant. Mr. K.S. Bora, Deputy Advocate General for the State of Uttarakhand. Mr. Ashutosh Joshi, Advocate for respondent nos.2 & 3. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 09.07.2023, summoning order dated 17.07.2023 and the entire proceedings of S.S.T. No.34 of 2023, pending in the Court of learned Special Sessions Judge, Champawat 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. Parties appeared before this Court virtually, who are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 5. Learned counsel for the applicant submits that, in her statement, the victim has categorically stated that she is major. The said assertion is duly corroborated by the date of birth recorded in her Aadhaar Card. It is further submitted that the victim has solemnized marriage with the applicant of her own volition on 12.05.2023, and out of the said wedlock, a child has been born on 27.10.2025. 6. Learned State Counsel vehemently opposed the compounding application. 2026:UHC:976 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, the applicant and respondent no.3 are lawfully married, and a child has been born of their wedlock. The parties are presently cohabiting and leading a harmonious married life. 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. As a result, entire proceedings of S.S.T. No.34 of 2023, pending in the Court of learned Special Sessions Judge, Champawat, are hereby quashed. 10. C-528 application stands disposed of. (Alok Mahra, J.) 16.02.2026 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=eabb68a3895e41937c266c23964c0485365445e3 a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109 CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.02.16 17:05:29 +05'30'