2026:UHC:2402 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.1917 of 2025 Hon’ble Alok Mahra, J. Mr. Deepak Sharma, Advocate for the applicant. Mr. Rakesh Kumar Joshi, A.G.A. for the State of Uttarakhand. Ms. Chetna Latwal, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 16.03.2025, summoning order dated 26.03.2025 and the entire proceedings of S.S.T. No.69 of 2025 (Old No.63 of 2025), pending in the Court of learned Additional District & Sessions Judge/ Fast Track Special Court, Roorkee, District Haridwar 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. Applicant is reported to be in jail. Complainant as well as victim 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 the victim, in her statement as P.W.1 before the trial Court has not supported the prosecution version. It is further submitted that the victim has solemnized marriage with the applicant of her own volition on 24.11.2024 and, out of the said wedlock, a girl child has been born on 04.09.2025. 6. Learned State Counsel vehemently opposed the compounding application. 7. Hon’ble Supreme Court in a recent judgment has recognized that although the 2026:UHC:2402 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 the victim are lawfully married, and a child has been born of their wedlock. 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.69 of 2025 (Old No.63 of 2025), pending in the Court of learned Additional District & Sessions Judge/Fast Track Special Court, Roorkee, District Haridwar are hereby quashed. Liberty is granted to the applicant, who is in jail, to approach the Court concerned for obtaining the order for his release. 10. C-528 application stands disposed of. (Alok Mahra, J.) 06.04.2026 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=eabb68a3895e41937c266c23964c0485365445e 3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C510 9CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.06 17:04:10 +05'30'