Uttarakhand High CourtCriminal Procedure and EvidenceCriminal Law

After Couple Married As Adults And The Victim Declined Prosecution, Uttarakhand HC Quashes Rape And POCSO Case

NARESH GANGWAR ALIAS VIKAS PATELv.STATE OF UTTARAKHAND

After Couple Married As Adults And The Victim Declined Prosecution, Uttarakhand HC Quashes Rape And POCSO Case. NARESH GANGWAR ALIAS VIKAS PATEL vs STATE OF UTTARAKHAND. Uttarakhand High Court. LawLens
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In brief

The question

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.

The court held

The High Court allowed the joint compounding application and the C-528 application.

It also directed

It quashed the charge-sheet, the cognizance/summoning order dated 12 September 2024, and the entire criminal proceedings in Criminal Case No. 742 of 2024.

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.

¶ 4–6

Following 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.

¶ 4–6

The applicant and victim later married after attaining majority.

¶ 6–8

The 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.

¶ 6–8

02Issues

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, 14–18

ii.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, 17–18

03Law 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.

¶ 14–16

It 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.

¶ 15–16

Provisions 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, 17

It accepted the victim’s and complainant’s statements as voluntary and found no coercion or undue influence.

¶ 11, 13, 17

Although 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.

¶ 14–18

Applying the cited authorities, it held that quashing was warranted to secure the ends of justice and prevent abuse of process.

¶ 14–18

05Holding

The High Court allowed the joint compounding application and the C-528 application.

¶ 19–22

It quashed the charge-sheet, the cognizance/summoning order dated 12 September 2024, and the entire criminal proceedings in Criminal Case No. 742 of 2024.

¶ 19–22
Uttarakhand High Court

Original Court PDF

NARESH GANGWAR ALIAS VIKAS PATELvsSTATE OF UTTARAKHAND

Uttarakhand High Court · October 29, 2026

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