2025:UHC:7676 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1521 OF 2025 Prem Lal Chamoli ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Lokendra Dobhal, Advocate. Counsel for the Respondent: Mr. Himanshu Sain, No.1 Brief Holder. Counsel for the Respondent : Mr. Pratul Kumar, Advocate Nos. 2 and 3 Hon’ble Alok Kumar Verma,J. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed for quashing the entire proceedings of Special Sessions Trial No.32 of 2021, “State vs. Prem Lal Chamoli”, pending before the Special Court (POCSO), Tehri Garhwal. The First Information Report was registered on 18.05.2021. 2. The charges against the applicant – accused have been framed by the trial court under Sections 354, 354D, 504, 506, 376(2)(j), 427 of the Indian Penal Code, 1860, Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012, Section 3(1)(r), Section 3(1)(s) and Section 3(2)(v) of 1 2025:UHC:7676 the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. Mr. Lokendra Dobhal, learned counsel for the applicant. 4. Mr. Himanshu Sain, learned Brief Holder for the respondent no.1. 5. Mr. Pratul Kumar, learned counsel for the respondent nos.2 and 3. 6. The applicant – accused along with the respondent no.2 – informant/victim is present through video conferencing. 7. The respondent no.3, the mother of the victim, is also present through video conferencing. 8. Applicant is identified by Mr. Lokendra Dobhal, Advocate. 9. Respondent nos.2 and 3 are identified by Mr. Pratul Kumar, Advocate. 10. The date of birth of the respondent no.2 is 27.03.2003 (Annexure no.5). 11. Both, the applicant and the respondent no.2 submitted that they got married on 05.08.2024 and their marriage has been registered under the provisions of the Uttarakhand Compulsory Registration of Marriages Act, 2010 on 08.08.2024 (Annexure no.6). 2 2025:UHC:7676 They are living as husband and wife happily. 12. The fact of the marriage has not been disputed by the respondent no.1. 13. The applicant and the private respondents submitted that they have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. The respondent no.2 and the respondent on.3 have requested to quash the entire proceeding of Special Sessions Trial No.32 of 2021, “State vs. Prem Lal Chamoli”, pending before the Special Court (POCSO), Tehri Garhwal. 14. Though this Court would normally be hesitant to quash the proceedings under Section 376(2) 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 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 3 2025:UHC:7676 substantial justice. 15. 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.32 of 2021, “State vs. Prem Lal Chamoli”, pending before the Special Court (POCSO) Tehri Garhwal, are quashed. 16. 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.32 of 2021, “State vs. Prem Lal Chamoli”, pending before the Special Court (POCSO) Tehri Garhwal, are hereby quashed. ___________________ Date: 29.08.2025 ALOK KUMAR VERMA, J. JKJ/Pant 4