2026:UHC:2868 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.1299 of 2025 Hon’ble Alok Mahra, J. Mr. Harsh Vardhan Dhanik and Mr. Jasmeet Sahota, Advocates for the applicant. Mr. Pradeep Lohani, A.G.A. for the State of Uttarakhand. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 30.07.2023, cognizance order dated 28.07.2023 and the entire proceedings of Criminal Case No.624 of 2023, pending in the Court of learned FTC/Additional District & Sessions Judge (POCSO), Rudrapur, District Udham Singh Nagar. 3. On 05.12.2020, respondent no.3 lodged a First Information Report alleging that his minor daughter had been enticed away by the applicant. Upon completion of investigation, a charge sheet was submitted against the applicant, and he was accordingly summoned to face trial. Hence, the present criminal miscellaneous application has been filed. 4. The applicant as well as the victim (respondent no.2) are present before this Court and have been duly identified by their respective counsel. Respondent no.2 submits that she solemnized marriage with the applicant on 06.12.2020 and that, out of their wedlock, three children have been born. It is further submitted that they are living a happy matrimonial life. 2026:UHC:2868 Respondent no.2 has placed reliance upon her Aadhar Card and PAN Card, annexed with the present application, wherein her date of birth is recorded as 15.02.2002. She further submits that she studied up to Class IV, however, no school certificate regarding her date of birth is available with her, and the relevant documents are in possession of her father, respondent no.3, who is opposed to her marriage with the applicant. 5. Learned counsel for the applicant submits that at the time of the alleged incident, both the applicant and respondent no.2 were major, and they had solemnized their Nikah, on 06.12.2020. 6. Learned State Counsel vehemently opposed the compounding application. 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 the victim are 2026:UHC:2868 lawfully married, and three children have 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 Criminal Case No.624 of 2023, pending in the Court of learned FTC/Additional District & Sessions Judge (POCSO), Rudrapur, District Udham Singh Nagar are hereby quashed. 10. C-528 application stands disposed of. (Alok Mahra, J.) 20.04.2026 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=eabb68a3895e41937c266c23964c0485365445e3a20dddb7 393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB98744 6351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.04.20 16:41:40 +05'30'