Uttarakhand HC Quashes Rape, POCSO Trial Against Man Accused Of Assaulting Sister-In-Law After Compromise

The applicant sought to set aside the charge-sheet, cognizance/summoning order and proceedings in Special Sessions Trial No. 193 of 2023, involving allegations under Sections 323, 376(3), 376(f), 504 and 506 IPC and Sections 3(a)/4(2) and 5(n)/6 of the POCSO Act.

The prosecution alleged that the applicant sexually assaulted the victim, his sister-in-law, while she was temporarily residing at his house.

The applicant relied on a compromise with the complainant and other respondents.

The victim and complainant had testified as PW1 and PW2, denied the prosecution story and were declared hostile; the applicant also submitted that the victim had not attained majority.

The State objected that the offences were non-compoundable.

The Court relied on B.S. Joshi v. State of Haryana, (2003) 4 SCC 675, stating that the Supreme Court had permitted the compounding of non-compoundable offences with the Court’s permission.

It also invoked the principle that criminal proceedings may be quashed where a compromise makes the possibility of conviction remote and bleak, and continuation would cause prejudice and injustice to the accused.

The judgment did not identify a statutory provision as the source of its quashing power.

The Court accepted that the parties had settled the dispute, based on their affidavits and the Court’s interaction with them.

It also noted the submission that the victim and complainant had denied the prosecution case as witnesses and were declared hostile.

Despite the State’s objection that the offences were non-compoundable, the Court considered the compromise and the assertedly remote prospect of conviction sufficient to permit compounding and terminate the proceedings.

The criminal miscellaneous application was disposed of accordingly.