2025:UHC:8961 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 09th OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1637 of 2025 Nikhil Singh ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. M.K. Ray, Advocate. Counsel for the Respondent : Mr. Pratiroop Pandey, No.1 Assistant Government Advocate assisted by Mr. Pradeep Lohani, Brief Holder. Counsel for the Respondent no.2- : Mr. Harsh Taneja, Informant Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Special Sessions Trial No.319 of 2025, “State of Uttarakhand vs. Nikhil Singh”, pending before the Fast Track Court/ Additional Sessions Judge/ Special Judge (POCSO) Rudrapur, District Udham Singh Nagar under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 and Section 5 read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act 2012”). 1 2025:UHC:8961 2. Mr. M.K. Ray, learned counsel for the applicant. 3. Mr. Pratiroop Pandey, learned Assistant Government Advocate for the respondent no.1. 4. Mr. Harsh Taneja, learned counsel for the respondent no.2-informant and the mother of the victim. 5. The respondent no.2 and the victim are present through video conferencing. They are identified by Mr. Harsh Taneja, Advocate. 6. The applicant – accused is in judicial custody. 7. The respondent no.2 submitted that she is residing with her daughter, the victim, in the applicant’s house. The victim submitted that she has a male child, aged about 4 months, from the applicant’s relationship and she is residing happily with her child in the house of the applicant. 8. The respondent no.2 and the victim have requested to quash the entire proceedings of Special Sessions Trial No.319 of 2025. 9. Learned counsel for the respondent no.1 has opposed the request of the respondent no.2 and the 2 2025:UHC:8961 victim on the ground that the said offences are non- compoundable. 10. Though this Court would normally be hesitant to quash the proceedings under Section 64(1) of the Bharatiya Nyaya Sanhita, 2023 and the proceedings under the provisions of the Act, 2012, but, it is noticed that the victim along with her child is living happily in the applicant’s house. 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. 11. Therefore, ends of justice would be met if the entire proceedings of Special Sessions Trial No.319 of 2025, “State of Uttarakhand vs. Nikhil Singh”, pending before the Fast Track Court/ Additional Sessions Judge/ Special Judge (POCSO) Rudrapur, District Udham Singh Nagar, are quashed. 12. 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.319 of 2025, “State of 3 2025:UHC:8961 Uttarakhand vs. Nikhil Singh”, pending before the Fast Track Court/ Additional Sessions Judge/ Special Judge (POCSO) Rudrapur, District Udham Singh Nagar, are hereby quashed. 13. The applicant Nikhil Singh shall be released forthwith, if not wanted in any other case. A copy of this order be sent to the Superintendent/ Jailor of the concerned Jail for information and compliance. ___________________ ALOK KUMAR VERMA, J. Dt: 09.10.2025 Pant/ 4