SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS C528 No.749 of 2024 Hon ’ble Ash ish Nait h an i, J. Mr. Deepak Singh Bisht, learned counsel holding brief of Mr. S.K. Mandal, learned counsel for the Appellants. 2. Mr. B.C. Joshi, learned AGA with Ms. Meenakshi Sharma, learned Brief Holder, for the State of Uttarakhand. 3. Mr. Ajeet Kumar Yadav, learned counsel holding brief of Mr. Shobhit Batra, learned counsel for the Respondent No.2. 4. This matter is being taken up in the “National Lok Adalat” held on 13.12.2025. 5. In the present Application filed under Section 528 of the BNSS, 2023, the Applicants have put a challenge to the entire proceedings of Special Session Trial No.616 of 2023, “State Vs. Nakul” under Sections 363, 366A, 376 of IPC and under Section 5/6 of POCSO Act, P.S. Kashipur, District Udham Singh Nagar, which is pending before the court of learned FTC/Additional Session Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar. 6. As per the FIR, the victim in question is supposed to be a minor and as per the FIR, her date of birth is 15.04.2006, whereas the date of incident is reported to be 04.03.2023, whereby the victim, as per the calculation, was 16 years 10 months and 17 days old, which comes within a purview of a minor. There is a mention by this Court dated 18.06.2025, wherein, it has been observed that the victim is said to be of 20 years old. Regarding the determination of the age, this Court had ordered a medical examination of the victim, whereby directions were issued for ossification test, including dental surgeon report to ascertain whether the victim in question is indeed a minor or a major at the time of the incident i.e. on 04.03.2023. As per the report of the Medical Team so constituted on order of this Court, the victim is supposed to be between 18 to 25 years old. 7. As per law, the determination of the age is to be decided firstly on the basis of the birth certificate and also the entries in the family register, and secondly on the basis of the matriculation certificate and in the absence of the above two, it has to be determined by medical report, wherein, the report has to be made by Orthopedician, who will do ossification test and the dental report regarding the feasibility and the position of the teeth basically molars. 8. Since the last two options are not available i.e. birth certificate and the family register and matriculation certificate or relevant school entries as the victim is reported not to have been in the regular school. The only option remains is the medical test by the Medical Team, and hence, as per the medical determination, the victim is considered as major and above the minor age of 18 years. 9. The prime question at the outset to be determined and the consideration is the age of the victim. Since the victim in question is now as per medical report is determined and considered to be a major and not a minor so firstly the offence under POCSO will not lie. Secondly, since the matter does not come within the purview of the POCSO Act, the matter can further be taken up for consideration regarding the compounding of the matter. Now, ever since the incident the victim and the Accused/Applicant have married and they have a child from the wedlock, in the interest of justice and for the betterment of the child of the victim, I found it proper that matter be decided according to the terms of the compounding application. 10. The victim is present in person accompanied with the mother and is being identified by the learned counsel for the parties respectively. 11. In this view of the matter, the compounding application is allowed. The entire proceedings of Special Session Trial No.616 of 2023, “State Vs. Nakul” under Sections 363, 366A, 376 of IPC and under Section 5/6 of POCSO Act, P.S. Kashipur, District Udham Singh Nagar, which is pending before the court of learned FTC/Additional Session Judge/Special Judge POCSO, Rudrapur, District Udham Singh Nagar, is hereby quashed. 12. The C528 application of the BNSS, 2023, is disposed of accordingly. ( Ash ish Nait h an i, J.) 1 3 .1 2 .2 0 2 5 Nitesh/