Extracted from the PDF above. The PDF is authoritative.
2025:UHC:7465 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22nd AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 1460 OF 2025 Amrik Singh
..... Applicant Versus
State of Uttarakhand and Others
..…Respondents
Counsel for the Applicant : Mr. Vaibhav Singh Chauhan,
Advocate. Counsel for the Respondent : Mrs. Rangoli Purohit, No.1
Brief Holder. Counsel for the Respondent : Mr. Bharat Chaudhary, No. 3
Advocate. Hon’ble Alok Kumar Verma,J.
The applicant-accused Amrik Singh has invoked the inherent jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire proceedings of Special Sessions Trial No. 12 of 2023,
“State Vs. Amrik”, pending before the Court of Additional District and Sessions Judge / Special Judge (POCSO), Haridwar under Sections 363, 366, 376(2)(n), 376(3) of the Indian Penal Code, 1860 (in short, “IPC”), Section 3(a) read with Section 4(2) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act, 2012”). 2. Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant, Mrs. Rangoli Purohit, learned Brief 1
2025:UHC:7465 Holder for the respondent no.1 and Mr. Bharat Chaudhary, learned counsel for the respondent no. 3. 3. The applicant Amrik Singh is present through video conferencing. He is identified by Mr. Vaibhav Singh Chauhan, Advocate. 4. The respondent no.3-victim is present through video conferencing. She is identified by Mr. Bharat Chaudhary, Advocate. 5. According to the respondent no.3, aged about 21 years, and the applicant, the respondent no.3 has married the applicant. They got married on 01.01.2024. Their marriage has already been registered on 20.01.2024. They are living happily. They submitted that they have filed a Compounding Application (IA No.01 of 2025) and affidavits with their free will and without any pressure. They have filed a copy of the registration of the marriage. The respondent no.3 has requested to quash the entire proceedings of Special Sessions Trial No. 12 of 2023. 6. The said request has not been opposed by the respondent no.1-State. 7. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366, 376 of the IPC and the proceedings under the provisions of the Act, 2012, but, it is noticed that the applicant and the victim got 2
2025:UHC:7465 married and they are living happily.
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. 8. 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. 12 of 2023, “State Vs. Amrik”, pending before the Court of Additional District and Sessions Judge / Special Judge (POCSO), Haridwar, are quashed. 9. 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. 12 of 2023, “State Vs. Amrik”, pending before the Court of Additional District and Sessions Judge / Special Judge (POCSO), Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J.
Date: 22.08.2025 Shiv/
3