2025:UHC:9473 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1687 of 2025 Anshul alias Anshu ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Vaibhav Singh Chauhan, Advocate. Counsel for the Respondent : Mr. Tumul Nainwal, No.1 Assistant Government Advocate assisted by Mr. Chitrarth Kandpal, Brief Holder. Counsel for the Respondent no.3 : Mr. Bharat Chaudhary, victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for quashing the entire proceedings of Special Sessions Trial No.69 of 2021, “State vs. Anshul alias Anshu”, pending before the court of Additional Sessions Judge/Special Judge (POCSO), Haridwar under Sections 376(2)(n), 376(3) of the Indian Penal Code, 1860, Section 3(a) read with Section 4(2), Section 5(j)(ii) and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012. 1 2025:UHC:9473 2. Heard Mr. Vaibhav Singh Chauhan, learned counsel for the applicant-accused, Mr. Tumul Nainwal, learned Assistant Government Advocate for the respondent no.1 and Mr. Bharat Chaudhary, learned counsel for the respondent no.3-victim. 3. Applicant is present in-person. He is identified by Mr. Vaibhav Singh Chauhan, Advocate. The victim is present in-person. She is identified by Mr. Bharat Chaudhary, Advocate. 4. According to the applicant and the victim, the date of birth of the applicant is 23.11.2001 (Aadhaar Card Annexure No.6) and the date of birth of the victim is 24.02.2006 (Aadhaar Card and progress report of Shivalik Shishu Jr. High School). They got married on 24.05.2024 and their marriage has been registered on 19.08.2025 under Rule 7(1)(g) of the Uniform Civil Code Rules, Uttarakhand, 2025 (Annexure No.4). Applicant and the victim further submitted that they have a male child whose age is about nine months. 5. The respondent no.3 has submitted that she is living happily with her husband, the applicant, and her child. She has requested to quash the entire 2 2025:UHC:9473 proceedings of the said Special Sessions Trial No.69 of 2021. 6. The said request of the respondent no.3 has been opposed by the learned counsel appearing for the State on the ground that the offences are non- compoundable. 7. Though this Court would normally be hesitant to quash the proceedings under Section 376 of the Indian Penal Code, 1860 and offences under the provisions 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. 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 Special Sessions Trial No.69 of 2021, “State vs. Anshul alias Anshu”, pending before 3 2025:UHC:9473 the court of Additional Sessions Judge/Special Judge (POCSO), Haridwar, 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 Special Sessions Trial No.69 of 2021, “State vs. Anshul alias Anshu”, pending before the court of Additional Sessions Judge/Special Judge (POCSO), Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:28.10.2025 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=6f1c15b6305912b3f008e9a 4a8038ee7326b08b2d0e018b01be7 53f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677 068452F32DE6BA960BFE64D819EE4 4CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.28 19:04:55 +05'30'