'Out of love, not lust': Uttarakhand high court explains why it ended proceedings after marriage
Times of India
by TOI LEGAL DESKFebruary 25, 2026
AI-Generated Deep Dive Summary
The Uttarakhand High Court has quashed criminal proceedings in a POCSO-linked case against a 21-year-old man, citing that continuing the prosecution would serve no meaningful purpose. The couple involved, now lawfully married and cohabiting peacefully, includes a woman carrying a pregnancy. In an order dated February 20, 2026, Justice Alok Mahra allowed a compounding application, setting aside the charge sheet and summoning orders, and dismissed the entire trial proceedings.
The case originated from an FIR filed on October 17, 2022, by the girl’s father under IPC Sections 376 (rape) and 363 (kidnapping), along with POCSO provisions. At the time of the FIR, the man was 19, and the girl was 17. The matter progressed through charge sheets and summoning orders before being assigned to a Fast Track Court/Special Judge in Udham Singh Nagar.
The applicant sought quashing of the proceedings through a C-528 application, supported by affidavits from both parties stating their compromise and peaceful cohabitation. The court acknowledged the seriousness of POCSO offences but determined that the case’s unique circumstances warranted compounding. The judge emphasized that continuing prosecution would deny complete justice and undermine the stability of the couple’s marriage and the well-being of their unborn child.
The high court’s decision reflects a nuanced approach, balancing the gravity of POCSO cases with the realities of consensual relationships that have since been formalized through marriage. It highlights the importance of evaluating each case’s unique circumstances to ensure justice is served without unnecessary harm to families working toward reconciliation and stability.
This ruling underscores the need for judicial discretion in cases where parties have reconciled and are cohabiting peacefully, particularly when a pregnancy is involved. It sets a precedent for considering such factors in POCSO-related disputes, offering a more holistic approach to justice that prioritizes healing over prolonged prosecution.
Verticals
worldasia
Originally published on Times of India on 2/25/2026