2025:UHC:7470 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 22nd AUGUST, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO. 1176 OF 2025 Ajay ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Pramod Bailwal, Advocate. Counsel for the Respondent : Mr. G.S. Sandhu, Additional No.1 Advocate General assisted by Mr. Chitrarth Kandpal, Brief Holder. Counsel for the Respondent : Mr. Subhash Joshi, Nos.2 and 3 Advocate. Hon’ble Alok Kumar Verma,J. This Application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred to quash the entire proceedings of Special Sessions Trial No. 58 of 2022, “State Vs. Ajay”, pending before the Court of Special Judge (POCSO)/ Additional District and Sessions Judge, Dehradun under Sections 363, 366, 376 of the Indian Penal Code, 1860 (in short, “IPC”), Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012 (in short, “Act, 2012”). 1 2025:UHC:7470 2. Mr. Pramod Bailwal, learned counsel for the applicant-accused, Mr. G.S. Sandhu, learned Additional Advocate General for the respondent no.1 and Mr. Subhash Joshi, learned counsel for the respondent nos. 2 and 3. 3. The applicant Ajay is present through video conferencing. He is identified by Mr. Pramod Bailwal, Advocate. 4. The respondent nos.2 and 3 are present through video conferencing. They are identified by Mr. Subhash Joshi, Advocate. 5. The respondent no.2, the informant, is the mother of the respondent no.3-victim. 6. It is not disputed that the respondent no.3- victim has married the applicant. The respondent no.3 submitted that her age is 19 years and she and the applicant got married on 14.11.2024. Their marriage was registered on 13.01.2025. The respondent no.3 submitted that she is living with her husband, the applicant, in her matrimonial house happily. They submitted that they have filed a Compounding Application (IA No.01 of 2025) and affidavits with their 2 2025:UHC:7470 free will and without any pressure. The respondent nos.2 and 3 have requested to quash the entire proceedings of Special Sessions Trial No. 58 of 2022. 7. The said request has not been opposed by the respondent no.1 - State. 8. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366 and Section 376 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 case, in which the inherent jurisdiction of this Court should be exercised to do real and substantial justice. 9. 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. 58 of 2022, “State Vs. Ajay”, pending before the Court of Special Judge (POCSO)/ Additional District and Sessions Judge, Dehradun, are quashed. 3 2025:UHC:7470 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. 58 of 2022, “State Vs. Ajay”, pending before the Court of Special Judge (POCSO)/ Additional District and Sessions Judge, Dehradun, are hereby quashed. [[ ___________________ ALOK KUMAR VERMA, J. Date: 22.08.2025 Pant/ 4