2025:UHC:8243 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16THSEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 377 OF 2024 Vikas alias Vishal alias Tinka ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Vivek Pathak, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, No.1 Brief Holder. Counsel for the Respondent : Mr. D.C.S. Rawat, No.3 - victim Advocate. Hon’ble Alok Kumar Verma,J. This Application has been filed by the applicant - accused for quashing the entire proceedings of Special Sessions Trial No.144 of 2023, “State vs. Vikas alias Tinka”, pending before the court of Special Judge (POCSO)/ Additional District and Sessions Judge, Haridwar under Section 363 of the Indian Penal Code, 1860 and Section 11(iv) read with Section 12 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act, 2012”). 2. Mr. Vivek Pathak, learned counsel for the applicant-accused. 3. Mr. Chitrarth Kandpal, learned Brief Holder for the respondent no.1. 1 2025:UHC:8243 4. Mr. D.C.S. Rawat, learned counsel for the respondent no.3 - victim. 5. Applicant and the respondent no.3 are present in-person with a male child. They submitted that they solemnized their marriage on 15.07.2023 and their marriage has been registered under the provisions of the Uttarakhand Compulsory Registration of Marriages Act, 2010 (Annexure No.8). They further submitted that a male child, aged about one year three months, is born out of their wedlock. They submitted that they are husband and wife and are living together happily. Therefore, they have filed a Compounding Application (IA No.1 of 2024) and affidavits with their free will and without any pressure. 6. Mr. Chitrarth Kandpal, Brief Holder submitted that the said offences are not compoundable. However, he has not denied this fact that the respondent no.3 solemnized her marriage with the applicant on 15.07.2023. 7. Though this Court would normally be hesitant to quash the proceedings under Section 363 of the IPC and the proceedings under the provisions of the Act, 2012, but, it is noticed that the applicant and the victim 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 2 2025:UHC:8243 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. 144 of 2023 ”State vs. Vikas alias Tinka”, pending before the court of Special Judge (POCSO)/Additional District and Sessions Judge, Haridwar, are quashed. 9. Resultantly, the present Application filed under Section 482 of the Code of Criminal Procedure, 1973 is allowed and the entire proceedings of Special Sessions Trial No. 144 of 2023 ”State vs. Vikas alias Tinka”, pending before the court of Special Judge (POCSO)/Additional District and Sessions Judge, Haridwar, are hereby quashed. ___________________ Date: 16.09.2025 ALOK KUMAR VERMA, J. Pant/ 3