2025:UHC:7589 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 27TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1422 of 2025 Gaurav Kumar alias Gaurav Gujjar ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mrs. Pushpa Joshi, Senior Advocate assisted by Ms. Nipush Mola Joshi, Advocate with Ms. Chetna Latwal, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent nos.2 : Mr. Rahul Singh 3/Informant- victim Bhandari, Advocate. Hon’ble Alok Kumar Verma,J. Smt. Pushpa Joshi, learned Senior Advocate. 2. Mr. Pradeep Lohani, learned Brief Holder for respondent no.1. 3. Mr. Rahul Singh Bhandari, learned counsel for respondent no.2-informant and for the respondent no.3, the victim. 4. The Amendment Application, filed by the applicant, has not been opposed by the respondents. 5. The Amendment Application is allowed. 1 2025:UHC:7589 6. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire proceedings of Special Sessions Trial No.49 of 2022, “State vs. Gaurav Kumar alias Gaurav Gujjar”, pending before the court of Special Judge (POCSO)/District and Sessions Judge, Tehri Garhwal under Sections 363, 366A, 376(2)(n) of the Indian Penal Code, 1860, Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, Section 3(1)(w)(ii) and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 7. Applicant-accused, Gaurav Kumar alias Gaurav Gujjar is present through video conferencing. He is identified by Ms. Nipush Mola Joshi, Advocate. The respondent no.2, the informant and the respondent no.3, the victim, are present through video conferencing. They are identified by Mr. Rahul Singh Bhandari, Advocate. 8. This fact is admitted between the parties that the applicant has married the respondent no.3 and they have a son. The applicant and the respondent no.3 submitted that they are leading a happy married life 2 2025:UHC:7589 with his son, aged about one year. They further submitted that they have filed a compounding application and affidavits with their free will and without any pressure. The respondent no.2 and the respondent no.3 have requested to quash the entire proceedings of Special Sessions Trial No.49 of 2022. 9. Mr. Pradeep Lohani, Brief Holder, submitted that the applicant and the respondent no.3 are leading a happy married life, therefore, the State has no objection to the request of the respondent no.2 and the respondent no.3. 10. Applicant and respondent no.3 are leading a happy married life, continuing prosecution would cause unnecessary harassment to them and their child. 11. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366A, 376 of the Indian Penal Code, 1860 and the proceedings under the provisions of the Protection of Children from Sexual Offences Act, 2012 and the proceedings under the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, but, it is noticed that the applicant and the victim got married and they are living 3 2025:UHC:7589 happily with their minor son. In these circumstances, in case, the proceedings are allowed to continue, it would amount to 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. 12. Considering the totality of the matter, this Court is of the view that ends of justice would be met if the entire proceedings of Special Sessions Trial No.49 of 2022, “State vs. Gaurav Kumar alias Gaurav Gujjar”, pending before the court of Special Judge (POCSO)/District and Sessions Judge, Tehri Garhwal, are quashed. 13. Resultantly, the present Application filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is allowed and the entire proceedings of Special Sessions Trial No.49 of 2022, “State vs. Gaurav Kumar alias Gaurav Gujjar”, pending before the court of Special Judge (POCSO)/District and Sessions Judge, Tehri Garhwal, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:27.08.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE4 87B2FE0F92, cn=NEHA BISHT Date: 2025.08.27 20:05:10 +05'30'