Uttarakhand High Court
C528/236/2026 on 18 March, 2026
2026:UHC:1881
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
C528/236/2026
Hon'ble Alok Mahra, J.
Mr. Vikas Kumar Gulgani, learned
counsel for the applicant.
2. Mr. V.S. Pal, learned A.G.A. along with
Mr. Prabhat Kandpal, learned Brief Holder for
the State.
3. Mr. Rishabh Bisht, learned counsel for
respondent no.2.
4. Present C-528 application has been filed
seeking quashing of the charge-sheet as well
as the cognizance/summoning order dated
21.08.2023 passed by the learned
F.T.C./Additional Sessions Judge/Special
Judge POCSO, Udham Singh Nagar in Session
Trial No. 679 of 2023, for the offences
punishable under Sections 341, 354-D and
506 I.P.C. and Section 11/12 of the Protection
of Children from Sexual Offences Act, 2012, as
well as the entire criminal proceedings arising
therefrom.
5. Learned counsel for the applicant would
submit that an F.I.R. has been lodged by the
mother of the victim (respondent no.2 herein)
alleging that the applicant had misbehaved
with her daughter. It is submitted that after
completion of investigation, the Investigating
Officer submitted a charge-sheet, on the basis
of which the learned trial court took
cognizance and summoned the applicant to
face trial.
6. Learned counsel for the applicant would
further submit that a bare perusal of the
contents of the F.I.R. does not disclose any
2026:UHC:1881
allegation that the applicant had made any
sexually coloured remarks or intimidated the
victim so as to constitute an act of sexual
harassment within the meaning of Section 11
of the Protection of Children from Sexual
Offences Act, 2012. It is submitted that the
essential ingredients required to attract the
offence under Section 11, punishable under
Section 12 of the said Act, are completely
absent from the allegations made in the F.I.R.,
and therefore the said provisions are not
attracted in the present case.
7. It is further submitted that the applicant
and the complainant/respondent no.2 have
now amicably settled their dispute and do not
wish to pursue the criminal proceedings any
further. In this regard, a joint compounding
application (I.A. No. 1 of 2026), duly supported
by the affidavits of the applicant as well as
respondent no.2, has been filed before this
Court stating that the complainant does not
intend to prosecute the applicant and that the
parties have resolved their dispute amicably.
8. The applicant as well as respondent
no.2/complainant are present in person before
the Court and have been duly identified by
their respective counsel. Upon interaction with
the Court, both the parties have categorically
stated that the dispute between them has
been amicably settled and respondent no.2
does not wish to prosecute the applicant any
further.
9. Learned State Counsel opposes the
application on the ground that the allegations
include an offence punishable under Section
11/12 of the Protection of Children from
Sexual Offences Act, 2012, which is non-
compoundable in nature. However, he does
not dispute the factum of compromise arrived
2026:UHC:1881
at between the parties or the filing of the joint
compounding application.
10. Heard learned counsel for the parties
and perused the material available on record.
11. From the material brought on record, it
transpires that the dispute between the
applicant and respondent no.2 arose out of a
personal altercation. The parties have now
amicably resolved their dispute. A joint
compounding application (IA No.1 of 2026),
supported by their respective affidavits, has
also been filed, wherein respondent no.2 has
categorically stated that she does not wish to
pursue the criminal proceedings against the
applicant.
12. Although the offence under Section
11/12 of the Protection of Children from
Sexual Offences Act, 2012 is non-
compoundable, it is well settled that the High
Court, in exercise of its inherent jurisdiction
under Section 482 Cr.P.C., may quash
criminal proceedings in appropriate cases to
secure the ends of justice or to prevent abuse
of the process of the Court, even where the
offences are non-compoundable, provided the
Court is satisfied that the compromise
between the parties is genuine and
continuation of the proceedings would serve
no useful purpose.
13. The Hon’ble Supreme Court in Gian
Singh vs. State of Punjab, (2012) 10 SCC 303
and Narinder Singh vs. State of Punjab, (2014)
6 SCC 466 has held that criminal proceedings
having overwhelmingly civil or personal
flavour may be quashed on the basis of a
compromise between the parties, even though
the offences are non-compoundable, if the
Court is satisfied that the compromise is
genuine and the continuation of proceedings
2026:UHC:1881
would be an exercise in futility.
14. In the present case, this Court is
satisfied that the compromise arrived at
between the parties is voluntary, genuine and
without any coercion. The complainant herself
has stated before the Court that she does not
wish to prosecute the applicant any further.
15. In view of the aforesaid facts and
circumstances of the case, as well as the law
laid down by the Hon’ble Apex Court, this
Court finds that it is a fit case to exercise its
inherent powers under Section 482 Cr.P.C. in
order to secure the ends of justice.
16. Accordingly, the compounding
application (IA No.1 of 2026) is allowed. The
charge-sheet as well as the
cognizance/summoning order dated
21.08.2023 passed by the learned
F.T.C./Additional Sessions Judge/Special
Judge POCSO, Udham Singh Nagar in Session
Trial No. 679 of 2023, for the offences
punishable under Sections 341, 354-D and
506 I.P.C. and Section 11/12 of the Protection
of Children from Sexual Offences Act, 2012, as
well as the entire criminal proceedings arising
therefrom, are hereby quashed the applicant.
17. The present C-528 application is,
accordingly, allowed.
18. Pending applications, if any, shall stand
disposed of.
MAMT
Digitally signed by MAMTA RANI
DN: c=IN, o=HIGH COURT OF
UTTARAKHAND, ou=HIGH COURT OF
UTTARAKHAND,
2.5.4.20=6a812005bebfcf46f244f3e584a
f1449e430ef900bf09a6d67ebbd642671
A RANI (Alok Mahra J.)
329b, postalCode=263001,
st=Uttarakhand,
serialNumber=5de1751a4f1d9cabfd548
52c9e68911ca8b66dd26690a191648ab
5d8dd004ef0, cn=MAMTA RANI
Date: 2026.03.20 10:59:07 +05’30’
18.03.2026
Mamta