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. 408 of 2026 Hon’ble Alok Mahra, J.
Mr. Dushyant Mainali, learned counsel for the applicant. 2. Mr. K.S. Bora, learned D.A.G. for the State. 3. Mr. Nikhil Bhatt, learned counsel for respondent no. 2. 4. The present criminal misc. application is filed with a prayer to set-aside the chargesheet, summoning/cognizance order as well as the entire proceedings of Special Sessions Trial No. 44 of 2025, State Vs. Kunal Chandra, under Sections 3, 4 of POCSO Act and Section 351(3) and 64(1) of BNS, pending in the court of learned Special Judge, POCSO, Haldwani, on the basis of compromise between the parties. 5. In this case, an FIR was lodged by brother of the victim, wherein, it was alleged that the applicant had induced the victim, who was 17 years and 10 months of age, on the pretext of false marriage and thereafter, he refused to marry the victim. 6. Victim (respondent no. 2), who is now above 18 years of age and turned major, is present before this Court alongwith the mother of the applicant. Victim has submitted that her family continuously harassed her, therefore, she has left her home and is staying with the mother of the applicant since two months. She further submitted that she and applicant were in
love relation and they intend to marry each other. It is also informed that the applicant is in judicial custody since 09.05.2025. 7. It appears that now, parties have entered into an agreement and they have settled their grievances. Victim (respondent no. 2) and the mother of the applicant, are present before this Court and are duly identified by their respective counsels. Respondent no. 2 submits that she does not want to proceed with the case. Parties have also filed their respective affidavits stating the facts of compromise between them. 8. Compounding application (IA/1/2026) is also filed in the matter wherein it is prayed to compound the offence between the parties under Sections 3, 4 of POCSO Act and Section 351(3) and 64(1) of BNS. 9. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 10. Learned State Counsel raised a preliminary objection to the effect that the offences sought to be compounded are non- compoundable. 11.
However, the Hon’ble Apex Court in the case of B.S. Joshi and others Vs. State of Haryana reported in (2003) 4 S.C.C., Page 675, has permitted compounding of non- compoundable offences with the permission of Court. 12. Furthermore, 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. 13. 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 Sessions Trial No. 44 of 2025, State Vs. Kunal Chandra, under Sections 3, 4 of POCSO Act and Section 351(3) and 64(1) of BNS, pending in the court of learned Special Judge, POCSO, Haldwani, are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 14. C-528 application stands disposed of in the aforesaid terms. (Alok Mahra J.)
13.03.2026 Ujjwal