2025:UHC:7663 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 28TH AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1076 OF 2025 Lakshman Singh ..... Applicant Versus State of Uttarakhand and Another ..…Respondents Counsel for the Applicant : Mr. Vikas Anand, Advocate. Counsel for the Respondent: Mr. Deepak Bhardwaj, No.1 Brief Holder. Counsel for the Victim : Mrs. Gyan Mati Kushwaha, Advocate. Hon’ble Alok Kumar Verma,J. The present Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed to quash the entire proceedings of Special Sessions Trial No.238 of 2021, “State vs. Lakshman”, pending before the Fast Track Court/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar under Sections 363, 366, 376 of the Indian Penal Code, 1860 (in short, “IPC”) and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act, 2012”). 2. Mr. Vikas Anand, learned counsel for the 1 2025:UHC:7663 applicant – accused. 3. Mr. Deepak Bhardwaj, learned Brief Holder for the respondent no.1. 4. Mrs. Gyan Mati Kushawaha, learned counsel for the victim. 5. The applicant and the victim are present in- person with their son. 6. The First Information Report was registered on 26.02.2021. The examination-in-chief of the victim (PW2) was recorded on 05.11.2022. As per her examination-in-chief, her date of birth is 08.07.2001. 7. The applicant – accused is identified by Mr. Vikas Anand, Advocate. 8. The victim is identified by Mrs. Gyan Mati Kushwaha, Advocate. 9. Both, the applicant and the victim submitted that they got married on 08.11.2021 and their marriage has been registered under Rule 7 (1) (g) of the Uniform Civil Code Rules, Uttarakhand, 2025 (Annexure No.10). They further submitted that they are living happily with their son, aged about two years. They submitted that they have filed a Compounding Application (IA No.1 of 2025) and affidavits with their free will and without any pressure. They have 2 2025:UHC:7663 requested to quash the entire proceeding of the said Sessions Trial No.238 of 2021. 10. The said request has not been opposed by the respondent no.1-State. 11. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366, 376 of 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 with their 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. 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 Special Sessions Trial No.238 of 2021, “State vs. Lakshman”, pending before the Fast Track Court/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar, are quashed. 13. 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.238 of 2021, “State vs. 3 2025:UHC:7663 Lakshman”, pending before the Fast Track Court/Additional Sessions Judge/Special Judge (POCSO), Udham Singh Nagar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Date: 28.08.2025 JKJ/Pant 4