Uttarakhand HC quashes Pocso case; accused married to victim, seeks closure

DEHRADUN: The Uttarakhand High Court has quashed a special sessions trial case involving a man from Tehri, pending before the Special Court (POCSO), Tehri Garhwal. The court observed that allowing the proceedings to continue would amount to a denial of complete justice to the parties.According to the case, an FIR was lodged in May 2021 under relevant sections of the IPC and the POCSO Act against the accused, on charges of abduction and rape of a minor girl. The man was arrested and sent to jail but secured bail after a few months.The high court ordered the case to be quashed after learning that the couple had married, with their marriage registered under the Uttarakhand Compulsory Registration of Marriage Act.On Friday, the couple appeared before a single bench of Justice Alok Kumar Verma via video conferencing, along with the woman’s mother, who is now 22. The couple told the court that they were married on 5 August 2024 and are living happily as husband and wife.The applicant, the accused man, and the respondents (wife and her mother) submitted affidavits stating that their decision was made of their own free will, without any pressure.

Both women requested the court to quash the entire proceedings pending before the Special Court (POCSO), Tehri Garhwal.After reviewing the matter, the court noted that the applicant and the victim are married and living happily.“In these circumstances, if the proceedings are allowed to continue, it would amount to a denial of complete justice to the parties. Therefore, it is a case in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice,” the court said, ordering the entire case to be quashed.