2026:UHC:3896 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C5 2 8 / 1 5 9 / 2 0 2 4 Hon ’ble Alok Mah r a, J. Mr. Kaushal Pandey, learned counsel for the applicant. 2. Mr. Nikhil Bisht, learned Brief Holder for the State. 3. Mr. Mehboob Rahi, learned counsel for respondent no.2 /complainant. 4. The present C- 528 application has been filed seeking quashing of the impugned chargesheet, cognizance/ summoning order dated 14.07.2023 passed by F.T.C./Addl. District and Sessions Judge (POCSO), Rudrapur, District Udham Singh Nagar in Special Sessions Trial No.609 of 2023 under Section 363, 366, 376(2) of I.P.C. and Section 5tha/6 of the POCSO Act, pending before the court of learned F.TC./Addl. Sessions Judge, Special Judge POCSO, Udham Singh Nagar as well as the entire proceedings of the aforesaid case. 5. Learned counsel for the applicant would submit that initially a missing report was lodged by the father of the victim alleging therein that his 16-year-old daughter had gone to the market for mending her shoes but did not return home thereafter and despite extensive search conducted by the complainant and other family members, her whereabouts could not be traced; that, pursuant thereto, upon completion of investigation, the Investigating Officer submitted chargesheet against the applicant, 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, the victim was recovered from the 2026:UHC:3896 company of the applicant. It is submitted that the victim was examined before the learned trial Court as PW-1 and in her deposition she categorically stated that she and the applicant were in a consensual love relationship. It is further submitted that during pendency of the criminal proceedings, both the applicant and the victim attained the age of majority and thereafter solemnized marriage with each other; that, out of the said wedlock, a child has also been born and presently both are residing together peacefully as husband and wife and are happily discharging their matrimonial obligations, in such circumstances, continuation of the criminal proceedings at this stage would not serve any useful or fruitful purpose and, on the contrary, would seriously prejudice and jeopardize the settled matrimonial life of the parties as well as adversely affect the welfare and future of their minor child. 7. The applicant, the victim, the complainant-father of the victim and the minor child are present before this Court and have been duly identified by their respective counsel. The complainant-father has categorically stated before this Court that the applicant and the victim are now living happily together as husband and wife with their minor child and he does not wish to pursue the criminal proceedings any further. The victim has also affirmed the said position before this Court. 8. Heard learned counsel for the parties and perused the material available on record. 9. It is not disputed that at the time of the alleged incident, the victim was aged about 17 years and 3 months. The victim in her testimony before the learned trial Court deposed 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 2026:UHC:3896 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. 10. Undoubtedly, the offences alleged against the applicant under Sections 363, 366 and 376(2) 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. 11. 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 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. 12. 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 2026:UHC:3896 peculiar facts and circumstances of each case to determine whether continuation of criminal proceedings would serve any useful purpose. 13. 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 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. 14. 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. 15. Accordingly, the present C-528 application is allowed. The impugned chargesheet, cognizance/summoning order dated 14.07.2023 in Special Sessions Trial No.609 of 2023 as well as the entire proceedings of the aforesaid case pending in the court of learned F.T.C./Addl. Sessions Judge, Special Judge POCSO, Udham Singh Nagar are hereby quashed. 16. Pending applications, if any, shall stand disposed of accordingly. ( Alok Mah r a, J.) 20.05.2026 Mamta MAMT A RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e 584af1449e430ef900bf09a6d67ebb d642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabf d54852c9e68911ca8b66dd26690a1 91648ab5d8dd004ef0, cn=MAMTA RANI Date: 2026.05.22 13:50:57 +05'30' 2026:UHC:3896