2025:UHC:8255 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 16TH SEPTEMBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.554 of 2025 Pranjal Srivastava ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Nalin Saun, Advocate. Counsel for the Respondent : Mr. Chitrarth Kandpal, No.1 Brief Holder. Counsel for the Respondent no.2- : Mr. Subhash Joshi, Informant- victim Advocate. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the applicant-accused for quashing the entire proceedings of Special Sessions Trial No.159 of 2023, “State vs. Pranjal Srivastava”, pending before the Fast Track Court/Special Court (POCSO)/Additional District Judge, Dehradun under Sections 376(3), 506 of the Indian Penal Code, 1860 and Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012. 2. Heard Mr. Nalin Saun, learned counsel for the applicant, Mr. Chitrarth Kandpal, learned Brief Holder 1 2025:UHC:8255 for the respondent no.1 and Mr. Subhash Joshi, learned counsel for the respondent no.2-informant/victim. 3. According to the prosecution, the date of birth of the respondent no.2-victim is 03.08.2005. A Compounding Application (IA No.01 of 2025) along with affidavits of the applicant and the respondent no.2 have been filed. The respondent no.2 has disclosed her age as 20 years in her affidavit dated 27.04.2025. 4. Applicant and the respondent no.2 are present together through video conferencing. Applicant is identified by Mr. Nalin Saun, Advocate. The respondent no.2 is identified by Mr. Subhash Joshi, Advocate. 5. According to the applicant and the respondent no.2, they solemnized their marriage on 05.04.2024 with the consent of their respective family members, and, their marriage has been registered on 06.04.2024 under the provisions of the Uttarakhand Compulsory Registration of Marriages Act, 2010 (Annexure No.5). 6. Both, the applicant and the respondent no.2 submitted that they are husband and wife and are living together happily. They further submitted that 2 2025:UHC:8255 they have filed a compounding application and affidavits with their free will and without any pressure. The respondent no.2 has requested to quash the entire proceedings of the said Special Sessions Trial No.159 of 2023. 7. Mr. Chitrarth Kandpal, learned Brief Holder, submitted that the said offences are not compoundable. However, he has conceded that the applicant and the respondent no.2 are married couple, as per the marriage registration certificate. 8. Though this Court would normally be hesitant to quash the proceedings under Sections 376(3) of the Indian Penal Code, 1860, Section 3(a) read with Section 4 of the Protection of Children from Sexual Offences Act, 2012, but, it is noticed that the applicant and the informant 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 case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 3 2025:UHC:8255 9. Therefore, ends of justice would be met if the entire proceedings of Special Sessions Trial No.159 of 2023, “State vs. Pranjal Srivastava”, pending before the Fast Track Court/Special Court (POCSO)/Additional District Judge, Dehradun, are quashed. 10. 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.159 of 2023, “State vs. Pranjal Srivastava”, pending before the Fast Track Court/Special Court (POCSO)/Additional District Judge, Dehradun, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:16.09.2025 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=6f1c15b6305912b3f008e9a4a8038 ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452 F32DE6BA960BFE64D819EE44CA9CCE487B 2FE0F92, cn=NEHA BISHT Date: 2025.09.16 18:25:59 +05'30'