2025:UHC:8898 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 08TH OCTOBER, 2025 CRIMINAL MISCELLANEOUS APPLICATION NO.1314 of 2025 Ishu ..... Applicant Versus State of Uttarakhand and Others ..…Respondents Counsel for the Applicant : Mr. Rajveer Singh, Advocate through video conferencing. Counsel for the Respondent : Mr. Pradeep Lohani, No.1 Brief Holder. Counsel for the Respondent no.2 : Mr. Kushagra Saini, victim Advocate through video conferencing. Hon’ble Alok Kumar Verma,J. The present Application has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to quash the entire proceedings of Special Sessions Trial No.57 of 2022, “State vs. Ishu”, pending before the court of Special Judge (POCSO)/Additional District and Sessions Judge, Haridwar under Sections 363, 366A, 376(2)(n) of the Indian Penal Code, 1860 and Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012 (in short, “the Act, 2012”). 1 2025:UHC:8898 2. According to the respondent no.1, the respondent no.2-victim (aged about 16 years) was taken away by the applicant and committed offences under the provisions of the Act, 2012. 3. Heard Mr. Rajveer Singh, learned counsel for the applicant, Mr. Pradeep Lohani, learned Brief Holder for the respondent no.1 and Mr. Kushagra Saini, learned counsel for the respondent no.2- victim. 4. Applicant is present through video conferencing. He is identified by Mr. Rajveer Singh, Advocate. The respondent no.2 is present through video conferencing. She is identified by Mr. Kushagra Saini, Advocate. 5. According to the applicant and the respondent no.2, the date of birth of the respondent no.2 is 01.01.2002 (Pariwar Register-Annexure no.5) and Aadhar Card (Annexure No.6). They submitted that they got married on 13.02.2022 and their marriage has been registered on 17.02.2022 under the provisions of The Uttarakhand Compulsory Registration of Marriages Act, 2010 (Annexure No.4). They further submitted that they have a male child, aged about two months. They submitted that they are living happily with their 2 2025:UHC:8898 son. The respondent no.2 has requested to quash the entire proceedings of Special Sessions Trial No.57 of 2022. 6. Mr. Pradeep Lohani, Brief Holder, has opposed the request of the respondent no.2 on the ground that the offences are non-compoundable. 7. Though this Court would normally be hesitant to quash the proceedings under Sections 363, 366A, 376(2)(n) of the Indian Penal Code, 1860, Section 5(l) read with Section 6 of the Protection of Children from Sexual Offences Act, 2012, but, it is noticed that the applicant and the victim are living happily with their minor 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. 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.57 of 2022, “State vs. Ishu”, pending before the court of 3 2025:UHC:8898 Special Judge (POCSO)/Additional District and Sessions Judge, Haridwar, are quashed. 9. 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.57 of 2022, “State vs. Ishu”, pending before the court of Special Judge (POCSO)/Additional District and Sessions Judge, Haridwar, are hereby quashed. ___________________ ALOK KUMAR VERMA, J. Dt:08.10.2025 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=6f1c15b6305912b3f008e9a4a8038ee7326b0 8b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6B A960BFE64D819EE44CA9CCE487B2FE0F92, cn=NEHA BISHT Date: 2025.10.08 19:57:23 +05'30'