High Court Exercises Inherent Powers to Quash POCSO Proceedings Following Compromise and Subsequent Marriage of Parties

The applicant sought quashing of a charge sheet and summoning order dated 19.06.2023 passed by the Special Sessions Judge, Champawat, arising from Special Sessions Trial No. 30 of 2023.

The FIR was lodged by Respondent No. 2 alleging that the applicant established physical relations with her over six months and subsequently refused marriage while issuing threats.

Following an investigation, charges were framed under Sections 376(3) and 506 of the IPC, read with Sections 5(1)/6 of the POCSO Act, 2012.

During the pendency of the trial, the parties—having reached the age of majority—entered into a compromise and solemnized their marriage on 30.06.2025.

Respondent No. 2 appeared via video conferencing, confirming the marriage was voluntary and stating she had no objection to quashing the proceedings.

1. Whether the High Court, in exercise of its inherent jurisdiction under Section 482 Cr.P.C., can quash criminal proceedings involving non-compoundable offences under POCSO and IPC on the basis of a subsequent marriage and compromise between the parties.

2. Whether the continuation of criminal proceedings in a matter of a personal and matrimonial nature would amount to an abuse of the process of law when the possibility of conviction is remote.

Section 482 of the Code of Criminal Procedure (Cr.P.C.) regarding the High Court's inherent power to secure the ends of justice.

Gian Singh v. State of Punjab, which permits quashing non-compoundable offences of a private nature if they do not seriously impact society.

Narinder Singh v. State of Punjab regarding the quashing of matrimonial or family disputes.

State of Madhya Pradesh v. Laxmi Narayan concerning settlements in non-heinous matrimonial matters.

Parbatbhai Aahir v. State of Gujarat, which mandates evaluating whether quashing prevents the abuse of the legal process.

The court observed that although the offences under Section 376(3) IPC and the POCSO Act are technically non-compoundable under Section 320 Cr.P.C., the dispute originated from a "personal and private relationship".

The court noted that because the applicant and the victim are now legally wedded and living peacefully as husband and wife, the trial would serve no "useful or fruitful purpose" and would instead "unnecessarily disturb their matrimonial life".

By interacting with Respondent No. 2, the court verified that the compromise was free from coercion.

The court reasoned that since the victim (now the wife) no longer supported the prosecution, the possibility of conviction was "remote and bleak," rendering further proceedings a "sheer futility" and an abuse of the process of the court.

The C-528 application was allowed, and the charge sheet, cognizance/summoning order dated 19.06.2023, and the entire proceedings of Special Sessions Trial No. 30 of 2023 under Sections 376(3), 506 IPC, and Sections 5(1)/6 of the POCSO Act were quashed.