2025:UHC:8909 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08th OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1732 of 2025 Sooraj Saxena ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Manoj Bhatt, Advocate. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent no.3- : Mr. Mani Kumar, victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant-accused for quashing the entire proceedings of Special Sessions Trial No. 30 of 2024, “State of Uttarakhand vs. Sooraj Saxena”, pending before the Fast Track Court/Additional Sessions Judge/Special Judge (POCSO) Rudrapur, District Udham Singh Nagar under Sections 363, 366A, 376 of the Indian Penal Code, 1860 and Section 5 read with 1 2025:UHC:8909 Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act 2012”). 2. According to the First Information Report dated 20.11.2023, the daughter of the informant was missing from 19.11.2023. Her date of birth is 03.11.2006. 3. Heard Mr. Manoj Bhatt, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Mani Kumar, learned counsel for the respondent no.3-victim. 4. According to the applicant and the respondent no.3, they got married on 24.02.2025 and their marriage has been registered on 06.03.2025 (Annexure No.4). The respondent no.3 has submitted that she is living with her husband (the present applicant) in her matrimonial house. She has requested to quash the entire proceedings of Special Sessions Trial No. 30 of 2024. 5. The said request of the respondent no.3 has been opposed by the State on the ground that the said offences are non-compoundable. 2 2025:UHC:8909 6. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366A, Section 376 of the Indian Penal Code, 1860 and the proceedings under the provisions of the Act, 2012, but, it is noticed that the applicant and the informant 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 substantial justice. 7. Therefore, ends of justice would be met if the entire proceedings of Special Sessions Trial No. 30 of 2024, “State of Uttarakhand vs. Sooraj Saxena”, pending before the Fast Track Court/Additional Sessions Judge/Special Judge (POCSO) Rudrapur, District Udham Singh Nagar, are quashed. 8. 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. 30 of 2024, “State of Uttarakhand vs. Sooraj Saxena”, pending before the Fast Track Court/Additional Sessions Judge/Special 3 2025:UHC:8909 Judge (POCSO) Rudrapur, District Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:08.10.2025 Nahid 4