IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE B. P. SHARMA

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ON THE 15 OF DECEMBER, 2025 MISC. CRIMINAL CASE No. 34495 of 2025 CHANCHAL SINGH ALIAS BHANU JATAV Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Amit Khatri - Advocate for the applicant.

Shri Shikha Baghel - Panel Lawyer for respondent/State.

Shri Ashutosh Dubey - Advocate for respondent No.2.

ORDER This petition has been filed for invoking inherent powers under Section 528 of the BNSS for quashment of FIR bearing crime No.597/2023 registered at Police Station Adhartal, Jabalpur on 17.05.2023 and entire charge sheet for commission of offence punishable under Sections 363, 366, 342, 376 and 376(2)(n) of IPC and under Section 3, 4, 51 and 6 of POCSO Act, 2012 and Section 9 of Protection of Child Marriage Act, 2006. After investigation, the police has filed charge sheet before Special POCSO Court, Jabalpur and case is registered as Special Case No.183/2023 which is pending for trial.

2. It is submitted by learned counsel for the applicant that the applicant is aged about 21 years and victim is aged 18 years. The both were in consensual love relationship. The prosecutrix had voluntarily accompanied the petitioner and did not make any allegations of coercion or force in her statement before the Magistrate. The relationship was not exploitative but based on mutual affection and understanding. The prosecutrix is a major and with consent and without external pressure they solemnized marriage on

22.05.2024 at Jabalpur.

3. It is further submitted that in this regard both the parties have filed compromise before the trial Court however, the same has been rejected on the ground that the offences are non-compoundable. Therefore, this petition is filed for quashment of FIR as well as entire criminal proceedings pending before the trial Court.

4. Considering the aforesaid and the fact that the statement of the parties has already recorded before the Registry in which they have admitted that the prosecutrix and the applicant have entered into marriage, I find that it would be in the interest of justice to set free the applicant from prosecution so that the married couple can lead a happy married life. This Court in a case of Saurabh Sahu Vs. The State of Madhya Pradesh and others (M.Cr.C.

No.21142 of 2024) has observed as under:-

"On a mature consideration, I find that it would be in the interest of justice to set free the petitioner from prosecution so that the married couple can lead a happy married life. My view also takes strength from the view of the coordinate Bench at Gwalior in M.Cr.C.No.16121/2024 (Nasir Khan v. The State of Madhya Pradesh and Anr.) decided on 26.04.2024 at Bench Gwalior, wherein it has been observed as under:-

10. Today, prosecutrix and petitioner/accused appeared before this Court. They expressed their desire to settle the matter because they have no problem if case is compounded in peculiar facts and circumstances. Prosecutrix has two children out of the wedlock with accused.

11. Be that as it may.

12. Fact remains that petitioner and respondent No.2 are married couple and both are living in same household where prosecutrix is living with her two children. It is regular and easy to be retributive but at the same time a Judge has to sublimely feel the pulse of the case. One cannot forget that “Every “F I L E” with same alphabets, contains a “L I F E”. (See : In Re State of Madhya Pradesh Vs. Pankaj Mishra, 2021 SCC OnLine MP 5480 and Geeta Paliwal and others Vs. Sitaram and others reported as 2023 SCC 5 Online MP 811.)

13. Here “FILE” before this Court carries not only a “LIFE” but many LIVES. 14. Considering the facts and circumstances of the case I.A.No.8492/2024 and I.A. No.8493/2024 are hereby allowed and parties are permitted to compound the offence.

15. Therefore, this Court under the obtaining facts and circumstances of the case intends to tread on the path of reformative or atleast other than retributive one becaus