2025:UHC:9064 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 13TH OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1805 of 2025 Shivam ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Akshay Pradhan, Advocate. Counsel for the Respondent : Mr. V.S. Rawat, No.1 Assistant Government Advocate. Counsel for the Respondent no.2 : Mr. Shashank Pandey, victim Advocate through video conferencing. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire proceedings of Special Sessions Trial No.80 of 2024, “State vs. Shivam”, pending before the Fast Track Court/Special Court (POCSO)/Additional Sessions Judge, Dehradun, District Dehradun under Sections 363, 366A, Section 376(3) of the Indian Penal Code, 1860 and Section 5(l) read with 1 2025:UHC:9064 Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. Akshay Pradhan, learned counsel for the applicant-accused, Mr. V.S. Rawat, learned Assistant Government Advocate for the respondent no.1 and Mr. Shashank Pandey, learned counsel for the respondent no.2-victim. 3. Applicant is present in-person. He is identified by Mr. Akshay Pradhan, Advocate. The respondent no.2 is present in-person. She is identified by Mr. Shashank Pandey, Advocate. 4. The applicant submitted that his date of birth is 01.01.2003. 5. According to the respondent no.2, her date of birth is 16.05.2005. 6. Both, applicant and the respondent no.2 submitted that they got married on 17.02.2024 and their marriage has been registered vide order of Sub- Registrar, Marriage, Puranpur, District Pilibhit under the provisions of The Uttar Pradesh Marriage Registration Rules, 2017. 7. Both, applicant and the respondent no.2 have requested to quash the entire proceedings of Special 2 2025:UHC:9064 Sessions Trial No.80 of 2024 since they are married and they have a male child, aged about five months and they are living happily with their son. They have filed a compounding application and affidavits with their free will and without any pressure. 8. Mr. V.S. Rawat, learned Assistant Government Advocate, has opposed the request of the applicant and the respondent no.2 on the ground that the said offences are non-compoundable. 9. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366A, Section 376(3) of the Indian Penal Code, 1860 and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, but, it is noticed that the applicant and the victim are living happily with their minor son. 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. 10. Considering the totality of the matter, this Court is of the view that ends of justice would be met if 3 2025:UHC:9064 the entire proceedings of Special Sessions Trial No.80 of 2024, “State vs. Shivam”, pending before the court of Fast Track Court/Special Court (POCSO)/Additional Sessions Judge, Dehradun, District Dehradun, are quashed. 11. 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.80 of 2024, “State vs. Shivam”, pending before the court of Fast Track Court/Special Court (POCSO)/Additional Sessions Judge, Dehradun, District Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:13.10.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038e e7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F 32DE6BA960BFE64D819EE44CA9CCE487B2F E0F92, cn=NEHA BISHT Date: 2025.10.13 18:17:05 +05'30'