2025:UHC:7808 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 03rd SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1554 OF 2025 Mohan Saini ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Mohd. Azim, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent no.2/ : Mr. Vishwaketu Vaidya, Informant - victim Advocate. 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 Sessions Trial No.100 of 2025, pending before the court of Additional Sessions Judge, Udham Singh Nagar under Section 376 of the Indian Penal Code, 1860. 2. Heard Mr. Mohd. Azim, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Vishwaketu Vaidya, learned counsel for the respondent no.2/informant. 1 2025:UHC:7808 3. The applicant – accused Mohan Saini is present in-person. He is identified by Mr. Mohd. Azim, Advocate. 4. The respondent no.2 is present in-person. She is identified by Mr. Vishwaketu Vaidya, Advocate. 5. Both, the applicant and the respondent no.2 submitted that they have performed the marriage on 04.07.2025 and their marriage has been registered under Rule 7(1)(g) of the Uniform Civil Code Rules, Uttarakhand, 2025 on 03.08.2025. They are living happily as husband and wife. 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 has requested to quash the entire proceedings of the said Sessions Trial No.100 of 2025. 6. The said request has not been opposed by the respondent no.1. 7. Though this Court would normally be hesitant to quash the proceedings under Section 376 IPC, 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 2 2025:UHC:7808 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 Sessions Trial No.100 of 2025, pending before the court of Additional Sessions Judge, Udham Singh Nagar, 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 Sessions Trial No.100 of 2025, pending before the court of Additional Sessions Judge, Udham Singh Nagar, are hereby quashed. ___________________ Date: 03.09.2025 ALOK KUMAR VERMA, J. Pant/ 3