Nainital, Observing that a “humane and practical approach” may be adopted in exceptional circumstances, the Uttarakhand High Court has quashed criminal proceedings in a POCSO-related case after it was submitted that the victim and the accused were in a consensual relationship, had solemnised a valid marriage and that the woman was now pregnant.
In the application filed before the court, the accused sought quashing of the charge sheet dated December 30, 2022, the summoning order issued in January 2023 and all consequential proceedings.
The case was pending before the Special Judge court in Udham Singh Nagar. Both parties appeared before the High Court virtually.
The applicant submitted that at the time of registration of the FIR, the victim was over 17 years of age and that the relationship was consensual. It was further stated that both parties subsequently married of their own free will and are presently living together as husband and wife. The court was also informed that the woman is pregnant and that continuation of criminal proceedings would adversely affect their marital life and the interests of the unborn child.
In his order, Justice Ashish Naithani observed that although offences under the POCSO Act are generally serious in nature and cannot ordinarily be quashed merely on the basis of compromise, in exceptional circumstances, a humane and practical approach may be adopted.
Taking note of the fact that the parties had solemnised a valid marriage, were living peacefully together, and that the woman is pregnant, the court held that allowing the proceedings to continue would amount to denying substantial justice.
Exercising its inherent powers, the court allowed the compromise application and quashed the entire proceedings pending before the trial court.
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