2026:UHC:3668 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C5 2 8 / 9 8 1 / 2 0 2 6 Hon ’ble Alok Mah r a, J. Mr. Faizan Ali, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. along with Mr. Nikhil Bisht, learned Brief Holder for the State. 3. Mr. Mohd. Safdar, learned counsel for respondent nos.2 & 3/complainant and victim. 4. The present C-482 application has been filed seeking quashing of the impugned chargesheet, cognizance/summoning order dated 17.03.2023 as well as the entire proceedings of S.S.T. No.45 of 2023, arising out of offences punishable under Sections 363, 366 and 376(2)(n) of the I.P.C. and Section 5(l)/5(j)(ii) read with Section 6 of the POCSO Act, pending before the court of learned Additional District & Sessions Judge/F.T.S.C., Haridwar. 5. Learned counsel for the applicant would submit that the F.I.R. was lodged by the father of the victim alleging that the applicant had enticed away his minor daughter, who was stated to be aged about 16 years and 7 months at the time of the incident. Upon completion of investigation, the Investigating Officer submitted the chargesheet, whereupon cognizance was taken by the learned trial Court and the proceedings of the aforesaid Sessions Trial commenced against the applicant. 6. Learned counsel for the applicant would further submit that during the course of investigation as well as trial, the 2026:UHC:3668 statements of the victim under Sections 161 and 164 Cr.P.C. came to be recorded and subsequently the victim was also examined before the learned trial Court. In her statements as well as testimony before the Court, the victim categorically stated that she had voluntarily accompanied the applicant of her own free will and that both of them were in a consensual love relationship. It is further submitted that no allegation of force, coercion or inducement was levelled by the victim against the applicant and she consistently supported the stand that she had willingly gone with him. 7. Learned counsel for the applicant would also submit that during pendency of the proceedings, both the applicant and the victim attained majority and thereafter solemnized marriage with each other in accordance with law. It is further submitted that from the said wedlock, a child has been born and presently both are residing together peacefully as husband and wife and are happily discharging their matrimonial obligations. It is contended that continuation of the criminal proceedings at this stage would serve no fruitful purpose and would rather jeopardize the settled matrimonial life of the parties as well as adversely affect the welfare and future of their minor child. 8. The applicant, the victim, the complainant-mother of the victim and the minor child are present before this Court and have been duly identified by their respective counsel. The complainant-mother has categorically stated before this Court that the applicant and the victim are now living happily together as husband and wife 2026:UHC:3668 and she does not wish to pursue the criminal proceedings any further. The victim has also affirmed the said position before this Court. 9. Heard learned counsel for the parties and perused the material available on record. 10. It is not disputed that at the time of the alleged incident, the victim was aged about 16 years and 7 months. The statements of the victim recorded under Sections 161 and 164 Cr.P.C. as well as her testimony before the learned trial Court reveal that she had accompanied the applicant voluntarily and that there was no allegation of force, threat or coercion against him. It is also not disputed that both the applicant and the victim have now attained majority and have solemnized marriage with each other and from the said wedlock, a child has been born and presently the parties are residing together peacefully as husband and wife. 11. Undoubtedly, the offences alleged against the applicant under Sections 363, 366 and 376(2)(n) I.P.C. and under the provisions of the POCSO Act are serious in nature. However, while exercising inherent jurisdiction under Section 482 Cr.P.C., this Court is required to examine as to whether continuation of the criminal proceedings would amount to abuse of the process of law and whether quashing of the proceedings would secure the ends of justice in the peculiar facts and circumstances of the case. 12. The Hon’ble Supreme Court in Gian Singh v. State of Punjab held that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C., may quash 2026:UHC:3668 criminal proceedings where continuation of such proceedings would amount to abuse of the process of law and where quashing would secure the ends of justice. Similarly, in Narinder Singh and Others v. State of Punjab, the Hon’ble Apex Court observed that while exercising jurisdiction under Section 482 Cr.P.C., the High Court is required to consider whether continuation of criminal proceedings would result in injustice despite settlement between the parties. 13. Further, in Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others v. State of Gujarat, the Hon’ble Supreme Court summarized the principles governing exercise of inherent powers under Section 482 Cr.P.C. and reiterated that such powers are to be exercised to secure the ends of justice and to prevent abuse of the process of the Court. Likewise, in State of Madhya Pradesh v. Laxmi Narayan, it was observed that although serious offences ordinarily should not be quashed on the basis of compromise, the High Court may examine the peculiar facts and circumstances of each case to determine whether continuation of criminal proceedings would serve any useful purpose. 14. In the present case, this Court finds that the victim and the applicant are now legally wedded spouses and are residing together peacefully along with their child. The victim herself has not supported the allegations regarding forcible physical relations and has unequivocally stated that she had voluntarily accompanied the applicant. The complainant has also expressed her unwillingness to continue 2026:UHC:3668 with the prosecution. In such peculiar facts and circumstances of the case, continuation of the criminal proceedings would not only disturb the settled matrimonial life of the parties but would also adversely affect the welfare and future of their child. 15. Having regard to the overall facts and circumstances of the case, the statements made by the victim before the Court, the subsequent marriage between the parties, and the law laid down by the Hon’ble Supreme Court in the aforesaid judgments, this Court is of the considered opinion that continuation of the criminal proceedings would amount to abuse of the process of law and no useful purpose would be served by permitting the proceedings to continue any further. 16. Accordingly, the present C-482 application is allowed. The impugned chargesheet, cognizance/summoning order dated 17.03.2023 as well as the entire proceedings of S.S.T. No.45 of 2023, pending before the court of learned Additional District & Sessions Judge/F.T.S.C., Haridwar, are hereby quashed. 17. Pending applications, if any, shall stand disposed of accordingly. ( Alok Mah r a, J.) 13.05.2026 Mamta