UMESH KUMAR ALIAS UMESH LAL v. STATE OF UTTARAKHAND
C528/406/2026 · 2026-04-01
Alok Mahra
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1861 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1861 (UTT) · dailylaw.ai ]
Judgment text
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2026:UHC:2277 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.406 of 2026 Hon’ble Alok Mahra, J.
Mr. Lokendra Dobhal, Advocate for the applicant.
Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand.
Mr. Pratul Kumar, Advocate for respondent nos.2, 3 & 4.
2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 04.10.2023, cognizance order dated 17.10.2023 and the entire proceedings of Special Sessions Trial No.43 of 2023, pending in the Court of learned Special Sessions Judge (POCSO Act), Chamoli (Gopeshwar) on the basis of compromise between the parties.
3. An F.I.R. was lodged by the complainant alleging that the applicant had enticed away her minor daughter from her lawful guardianship. Subsequently, the victim was recovered from the company of the applicant, and upon completion of investigation, a charge sheet was submitted against him. It is stated in criminal misc. application that, during the pendency of the proceedings, the applicant and the victim solemnized their marriage and duly registered the same under the Uniform Civil Code on 05.10.2022. The date of birth of the victim is recorded as 14.09.2007, and it is asserted that she had attained the age of majority at the time of marriage. In her statements recorded during the course of investigation, the victim has categorically stated that she had accompanied the applicant of her own free will and without any coercion or inducement.
4. A compounding application (I.A. No.1
2026:UHC:2277 of 2025) has also been filed in the present matter praying that the offences be permitted to be compounded in view of the compromise arrived at between the parties.
5. Applicant and respondent nos.2 & 4 are present in Court today, who are duly indentified by their respective counsel. Respondent no.3 joined the proceedings via video conferencing and was identified by his
learned counsel. Both parties have filed affidavits affirming the compromise entered into between them.
6. It is jointly submitted by the parties that the dispute between them has been amicably settled and they have resolved all their differences.
7. Learned State Counsel vehemently opposed the compounding application.
8. Hon’ble Supreme Court, in the catena of cases, has held that where the parties have subsequently solemnized marriage, are blessed with children, and are leading a settled matrimonial life, the criminal proceedings arising out of offences under the POCSO Act may be set aside in order to do complete justice, observing that the Court cannot shut its eyes to the ground reality and disturb a happy family life.
9. In the present case also, although the prosecutrix was a minor at the time of the alleged incident, it is an admitted position that the parties have since married, have child, and are living together peacefully. Therefore, continuation of the present proceedings would result in disruption of the settled family unit and would not be in the interest of justice, warranting interference by this Court.
10. Following the aforesaid ratio, present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, entire
2026:UHC:2277 proceedings of Special Sessions Trial No.43 of 2023, pending in the Court of learned Special Sessions Judge (POCSO Act), Chamoli (Gopeshwar), are hereby quashed.
11. C-528 application stands disposed of.
(Alok Mahra, J.)
01.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dd db7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987 446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.01 17:24:25 +05'30'