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Uttarakhand High Court Quashes POCSO Case After Couple’s Marriage

The bench invoked inherent powers, citing a lawful marriage with settled cohabitation to achieve substantial justice.

Overview

  • An order dated February 20, 2026, reported by the Times of India as authored by Justice Alok Mahra, set aside the December 30, 2022 charge sheet, the January 23, 2023 summoning order, and the entire Udham Singh Nagar trial proceedings.
  • The court acknowledged that POCSO offences are serious and not quashable on compromise alone, yet applied a humane, practical approach based on the couple’s present matrimonial status.
  • State prosecutors opposed the compounding plea, but the court exercised inherent jurisdiction to secure real and substantial justice.
  • The case stemmed from an October 17, 2022 FIR alleging rape and kidnapping under IPC Sections 376 and 363 along with POCSO provisions, with the accused recorded as 19 and the girl 17 at that time.
  • Reports vary on details, with Hindustan Times initially attributing the ruling to other judges and noting the couple now have a child, while the Times of India account records a pregnancy and names Justice Alok Mahra.