'Offence happened out of love, not lust', says Uttarakhand Court while dismissing POCSO case against man: 'Victim wants to live with him'

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• Uttarakhand HC quashes POCSO case after couple marries, has child
• Court cites woman's consent, marriage, and family as key reasons
• Justice Alok Mehr stresses practical, compassionate approach

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The Uttarakhand High Court has set aside criminal proceedings in a case registered under the Protection of Children from Sexual Offences Act, taking note of the subsequent marriage between the accused and the complainant and the birth of their child.

The matter had been pending before the Special Sessions Judge in Champawat when the accused approached the High Court seeking quashing of the charge sheet and summons issued against him. In his petition, he informed the court that a compromise had been reached and that he and the complainant had solemnised their marriage. It was also stated that the couple now has a child.

According to the petition, the woman married the accused of her own free will on May 12, 2023, and gave birth to a son on October 27, 2025. On her behalf, it was submitted that she is now a major, a fact supported by the date of birth recorded in her Aadhaar card. The woman also conveyed her desire to live peacefully with her husband.

The State opposed the plea seeking quashing of proceedings. However, Justice Alok Mehr, who heard the matter, underscored the importance of adopting a practical and compassionate approach in the circumstances of the case. The court observed that the accused and the complainant are legally married and raising a child together.

Continuing the trial or sending the accused to jail would disrupt the family. In such circumstances, permitting the proceedings to continue would not serve the ends of justice, Justice Alok Mehr said.

The court further noted that the offence arose out of love and not lust, and that the victim wished to live peacefully with her husband.

Holding that the case warranted the exercise of its inherent powers to secure real and substantial justice, the High Court quashed the proceedings pending before the Special Sessions Judge, Champawat.

The Protection of Children from Sexual Offences Act is a stringent law invoked in cases where the victim of a sexual offence is below 18 years of age.