01Facts
The victim’s mother alleged that the applicant had enticed her minor daughter, taken her to his house, and raped her at gunpoint, threatening her if she disclosed the incident.
¶ 4–6Following investigation, a charge-sheet was filed for offences under Section 64(1) of the Bharatiya Nyaya Sanhita (BNS) and Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act); the trial court took cognizance on 12 September 2024.
¶ 4–6The applicant and victim later married after attaining majority.
¶ 6–8The applicant, victim and complainant filed a joint compromise application, and the victim and complainant appeared before the High Court and stated that they did not wish to pursue the prosecution.
¶ 6–802Issues
i.1. Whether the High Court could quash proceedings for non-compoundable offences under the BNS and POCSO Act on the basis of a settlement between the parties.
¶ 9, 14–18ii.2. Whether, in the circumstances—including the parties’ marriage and the victim’s stated unwillingness to prosecute—continuation of the criminal proceedings would amount to an abuse of process or fail to serve the ends of justice.
¶ 13, 17–1803Law Applied
The Court treated the offences under Section 64(1) BNS and Sections 3/4 POCSO as non-compoundable, but held that the High Court may nevertheless quash criminal proceedings in the exercise of its inherent jurisdiction where the dispute is essentially personal and quashing would prevent abuse of process or secure the ends of justice.
¶ 14–16It relied on Gian Singh v. State of Punjab, (2012) 10 SCC 303, Narinder Singh v. State of Punjab, (2014) 6 SCC 466, and Parbatbhai Aahir v. State of Gujarat, (2017) 9 SCC 641, concerning the exercise of inherent powers on the basis of compromise.
¶ 15–16Provisions in the judgment · 4 · Linked ones open on LawLens
Bharatiya Nyaya Sanhita, 2023 Section 64
Protection of Children from Sexual Offences Act, 2012 Section 3Section 4
Code of Criminal Procedure, 1973 Section 482
04Reasoning
The Court found that the parties had married after attaining majority, were living together, and had resolved their dispute.
¶ 11, 13, 17It accepted the victim’s and complainant’s statements as voluntary and found no coercion or undue influence.
¶ 11, 13, 17Although the offences were non-compoundable, the Court considered the dispute personal in nature and concluded that continuing the prosecution would serve no useful purpose and would adversely affect the parties’ matrimonial life.
¶ 14–18Applying the cited authorities, it held that quashing was warranted to secure the ends of justice and prevent abuse of process.
¶ 14–1805Holding
The High Court allowed the joint compounding application and the C-528 application.
¶ 19–22It quashed the charge-sheet, the cognizance/summoning order dated 12 September 2024, and the entire criminal proceedings in Criminal Case No. 742 of 2024.
¶ 19–22Original Court PDF
NARESH GANGWAR ALIAS VIKAS PATELvsSTATE OF UTTARAKHAND
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