2026:UHC:3392 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.790 of 2026 Hon’ble Alok Mahra, J. Mr. Sachin, Advocate, holding brief of Mr. Kishore Rai, Advocate for the applicant. Mr. V.S. Pal, A.G.A. for the State of Uttarakhand. Mr. Mani Kumar, Advocate for respondent no.2. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 17.01.2023, cognizance/summoning order dated 19.04.2023 and the entire proceedings of Criminal Case No.2306 of 2023, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar on the basis of compromise between the parties. 3. An F.I.R. was lodged by respondent no.2 alleging that his minor sister was enticed by Bhupram and taken away to Bareilly. During the course of investigation, the present applicant was also implicated as an accused. It is further alleged that the applicant, being the brother-in-law of Bhupram, had an active role in facilitating the marriage between Bhupram and the victim, who was a minor at the relevant time. Subsequently, upon attaining majority, the victim and Bhupram are stated to have solemnized their marriage, which was duly registered on 17.11.2021. It is further submitted that a child has also been born out of the said wedlock. 2026:UHC:3392 4. 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. 5. Applicant as well as respondent no.3 are present before the Court today, who have been duly identified by their learned counsel. It is reported that complainant is in jail. However, complainant has already filed an affidavit in support of the compounding application, affirming the factum of compromise arrived at between the parties. 6. Respondent no.3 submits that she has solemnized marriage with Bhupram and that, out of their wedlock, a child has been born. It is further submitted that they are living a happy matrimonial life. 7. Learned State Counsel vehemently opposed the compounding application. 8. 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. 2026:UHC:3392 8. In the present case, as noted above, Bhupram 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 Criminal Case No.2306 of 2023, pending in the Court of learned Additional Chief Judicial Magistrate, Rudrapur, District Udham Singh Nagar, are hereby quashed. 10. C-528 application stands disposed of. (Alok Mahra, J.) 05.05.2026 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=eabb68a3895e41937c266c23964c0485365 445e3a20dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D45 4C5109CB987446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.05 17:51:39 +05'30'