The Uttarakhand High Court held that, despite the non-compoundable nature of offences under IPC Section 376 and POCSO, where the accused and victim are now married, cohabiting, and have a child, inherent judicial powers may be exercised to quash proceedings to serve the ends of justice. The decision upholds the principle of complete justice, setting a significant precedent for subordinate courts within Uttarakhand in similar contexts.
Summary
| Category | Data |
|---|---|
| Case Name | C528/1687/2025 of ANSHUL ALIAS ANSHU Vs STATE OF UTTARAKHAND |
| CNR | UKHC010149102025 |
| Date of Registration | 18-09-2025 |
| Decision Date | 28-10-2025 |
| Disposal Nature | ALLOWED |
| Judgment Author | HON’BLE MR. JUSTICE ALOK KUMAR VERMA |
| Court | High Court of Uttarakhand |
| Precedent Value | Binding authority for subordinate courts in Uttarakhand |
| Type of Law | Criminal Law — Quashing of proceedings; Application of Section 528, BNSS (Inherent Powers) |
| Questions of Law | Whether proceedings for offences under IPC Section 376 and POCSO Act can be quashed under Section 528, BNSS, upon mutual settlement, marriage of accused and victim, and continued marital cohabitation. |
| Ratio Decidendi | The court held that, ordinarily, proceedings under Section 376 IPC and POCSO are not to be quashed due to their serious, non-compoundable nature. However, in exceptional circumstances where the accused and victim are now married, living happily with a minor child, and both parties approach the court for quashing, judicial discretion may be exercised to quash proceedings to ensure real and substantial justice. Continuation of prosecution in such facts would amount to denial of complete justice. The inherent jurisdiction under Section 528, BNSS is justified to be invoked only in rare circumstances fulfilling these criteria. |
| Facts as Summarised by the Court | The applicant and the victim, according to respective Aadhaar cards, were born in 2001 and 2006. They got married on 24.05.2024, with their marriage registered on 19.08.2025. They have a nine-month-old male child and are living together happily. The victim requested quashing of the criminal proceedings. State opposed on grounds of non-compoundability. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | All subordinate courts in Uttarakhand |
| Persuasive For | Other High Courts dealing with similar facts under Section 376 IPC and POCSO post-BNSS |
What’s New / What Lawyers Should Note
- The High Court exercised inherent powers under Section 528 of the BNSS to quash proceedings for non-compoundable sexual offences (including under POCSO), grounded on the marriage of the parties, continued cohabitation, and a joint request by both accused and victim.
- Lawyers can rely on this judgment when both victim and accused acknowledge marriage, cohabitation, and when victim independently seeks quashing.
- The State’s objection due to non-compoundable nature is not always decisive when the facts demonstrate settled matrimonial life and presence of a child.
- Quashing in such offences remains exceptional and fact-driven; mere settlement without more is insufficient.
Summary of Legal Reasoning
- The court recognized that offences under Section 376 IPC and POCSO Act are non-compoundable and generally not quashable due to the seriousness and the public interest involved.
- Nonetheless, the court noted the applicant and victim’s marriage, the registration thereof, the existence of a minor child, and their happy cohabitation.
- The victim explicitly requested quashing of proceedings and was present in court, as was the applicant.
- The court concluded that, in these rare and specific circumstances, continuing with criminal trial would amount to denial of complete justice and frustrate the rehabilitative aims.
- Invoking inherent powers under Section 528, BNSS, the court found quashing necessary for real and substantial justice, despite statutory bar on compounding.
Arguments by the Parties
Petitioner
- The applicant and victim are now married and living together with their minor child.
- Both parties mutually desire quashing; a registered marriage and cohabitation are evidenced.
- Continuing prosecution will result in injustice given the circumstances.
Respondent (State)
- Serious offences under IPC Section 376 and POCSO Act are non-compoundable.
- State opposes quashing due to the gravity and statutory bar.
Respondent No. 3 (Victim)
- Confirms marriage, happy marital life, and parenting of a minor child.
- Requests quashing of criminal proceedings.
Factual Background
The applicant and the victim had criminal proceedings initiated under Sections 376(2)(n), 376(3) of IPC and various sections of the POCSO Act, 2012, in Special Sessions Trial No.69 of 2021 before the Special Judge (POCSO), Haridwar. As per the Aadhaar cards, the applicant was born on 23.11.2001 and the victim on 24.02.2006. They married on 24.05.2024, registering the marriage under the relevant rules. They have a nine-month-old son and are now living together. The victim supported the quashing application personally, while the State opposed on grounds of non-compoundability.
Statutory Analysis
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, deals with inherent powers of the High Court to pass orders necessary to secure the ends of justice or prevent abuse of the process of court.
- The court interpreted Section 528 BNSS to permit quashing even for non-compoundable offences, but only in rare and exceptional circumstances — particularly where both accused and victim are now in a settled marriage and insist that prosecution would defeat justice.
Alert Indicators
- ✔ Precedent Followed – The judgment affirms the ability of High Courts to exercise inherent powers for quashing criminal proceedings in exceptional circumstances, without breaking or overturning standing precedent.