2026:UHC:2329 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.566 of 2026 Hon’ble Alok Mahra, J. Mr. Nishant Krishna Adhikari, Advocate for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. Mr. Rakshit Srivastava, Advocate for respondent nos.2 & 3. 2. Present C-528 application is filed with the prayer to set-aside/quash the entire proceedings of Special Sessions Trial No.54 of 2022, pending in the Court of learned Special Sessions Judge (POCSO)/Sessions Judge, Champawat, qua the applicant on the basis of compromise between the parties. 3. The complaint was lodged by the mother of the victim alleging that the applicant, along with other co-accused person, had enticed her minor daughter, subjected her to physical abuse, and recorded an objectionable video of the incident. Upon completion of investigation, a charge sheet came to be filed against the applicant. 4. Learned counsel for the applicant contends that the Investigating Officer failed to conduct a fair and proper investigation and merely reiterated the allegations as set out in the complaint without collecting independent or corroborative evidence. It is further submitted that the victim, examined as P.W.-1, in both her examination-in-chief and cross-examination, has categorically denied the entire prosecution story and 2026:UHC:2329 has not supported the case of the prosecution. The complainant (mother of the victim) has also not supported the prosecution version. 5. It is further brought to the notice of this Court that a joint compounding application (I.A. No.1 of 2026) has been filed, duly signed by the victim and the complainant, wherein it is prayed to compound the offence between the parties. 6. Parties are present before this Court, who are duly identified by their respective counsel. Parties have also filed their respective affidavits stating the facts of compromise between them. 7. Learned State Counsel vehemently opposed the compounding application. 8. 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. 9. After interacting with the victim and the complainant, this Court finds that the victim and the complainant have resiled from their earlier statements and have also denied the occurrence in their deposition before the trial Court, therefore, no prima facie case is made out against the applicant and the charges, as framed, are not sustainable in the eyes of law. In these circumstances, in case, the proceedings are allowed to continue, it would amount 2026:UHC:2329 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. 10. 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 Special Sessions Trial No.54 of 2022, pending in the Court of learned Special Sessions Judge (POCSO)/Sessions Judge, Champawat, are hereby quashed, qua the applicant. 11. C-528 application stands disposed of. (Alok Mahra, J.) 02.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb73933 98f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351E 4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.02 17:01:03 +05'30' 2026:UHC:2329