2025:UHC:8554 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 23RD SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1606 OF 2018 Salim alias Guddu ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Mohd. Safdar, Advocate Counsel for the Respondent: Mr. Chitrarth Kandpal, Brief No.1 Holder Counsel for the Prosecutrix : Mr. Bilal Ahmed, Advocate Hon’ble Alok Kumar Verma,J. This Application has been filed for quashing the entire proceedings of Sessions Trial No.21 of 2018, pending before the Sessions Judge, Haridwar under Sections 376, 452 and Section 323 of the Indian Penal Code, 1860. 2. Mr. Mohd. Safdar, learned counsel for the applicant-accused. 3. Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1. 4. Mr. Bilal Ahmed, learned counsel for the prosecutrix. 5. Applicant-accused is present through video 1 2025:UHC:8554 conferencing. He is identified by Mr. Mohd. Safdar, Advocate. 6. Prosecutrix is present through video conferencing. She is identified by Mr. Bilal Ahmed, Advocate. 7. According to the parties, the prosecutrix was above 18 years of age at the time of the incident. The opinion of the Medical Board (Annexure No.2) also supports the parties. 8. The applicant and the prosecutrix submitted that they solemnized their marriage (Nikah) on 03.09.2018 and they have three children out of their wedlock. They submitted that they are living happily with their children. They have filed a Compounding Application (IA No.3 of 2021) and affidavits with their free will and without any pressure. 9. The prosecutrix has also requested to quash the entire proceedings of the said Sessions Trial No.21 of 2018. 10. Mr. Chitrarth Kandpal, Brief Holder has opposed the said request. However, this fact has not been denied by him that the applicant is the husband of the prosecutrix and they have three children. 11. Though this Court would normally be hesitant 2 2025:UHC:8554 to quash the proceedings under Section 376 of the Indian Penal Code, 1860, but, it is noticed that the applicant and the victim got married and they are living happily with their three children. 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. 12. 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.21 of 2018, pending before the Sessions Judge, Haridwar, are quashed. 13. Resultantly, the present Application, filed under Section 482 of the Code of Criminal Procedure, 1973, is allowed and the entire proceedings of Sessions Trial No.21 of 2018, pending before the Sessions Judge, Haridwar, are hereby quashed. ___________________ Date: 23.09.2025 ALOK KUMAR VERMA, J. JKJ/Pant 3