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2026 DAILYLAW 6510 (UTT)

RAJKUMAR v. STATE OF UTTARAKHAND

C528/1233/2026 · 2026-06-03

Alok Mahra

body2026

Judgment text

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No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C528 No. 1233 of 2026 Hon’ble Alok Mahra, J. Mr. Sanjay Kumar Chandel, learned counsel for the applicant. 2. Mr. V.S. Pal, learned A.G.A. for the State. 3. Mr. Nikhil Kushwaha, learned counsel for the complainant/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 Session Trial No. 423 of 2023, under Sections 363, 366A, 376 of IPC and Section 5/6 of POCSO Act, pending in the court of learned FTC/Additional District and Sessions Judge (POCSO), Rudrapur, District Udham Singh Nagar, on the basis of compromise between the parties. 5. In this case, an FIR was lodged by mother of the victim in which it was alleged that the applicant by inducing her minor daughter have taken her from her home. Though, in the statement of the victim, she has submitted that she went on her own sweet will with the applicant. The age of the victim on the date of the lodging of the FIR was about 16 years and after attaining majority, marriage was solemnized between the applicant and the victim on 04.11.2025, which have duly been registered as per UCC. 6. Now, Compounding Application is filed in the matter wherein it is prayed to compound the offences between the parties. 7. Learned counsel for the applicant submits that the parties have amicably settled their dispute and have entered into a compromise. 8. Parties are present before this Court and are duly identified by their respective counsels. Parties have also filed their respective affidavits stating the facts of compromise between them. 9. The Court interacted with the parties. Upon interaction, respondent no. 2 has submitted that she has amicably settled her dispute with the applicant and she does not want to pursue with the criminal proceedings against the applicant. 10. At this stage, 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, the present compounding application is allowed. The offences between the parties are permitted to be compounded. As a result, the entire proceedings of Special Session Trial No. 423 of 2023, under Sections 363, 366A, 376 of IPC and Section 5/6 of POCSO Act, pending in the court of learned FTC/Additional District and Sessions Judge (POCSO), Rudrapur, District Udham Singh Nagar are hereby quashed qua the applicant. FIR and charge-sheet filed pursuant thereto stand quashed. 14. Accordingly, the present criminal misc. application stands disposed of in the aforesaid terms. (Alok Mahra J.) 03.06.2026 Ujjwal