2026:UHC:3312 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C482 No.256 of 2019 Hon’ble Alok Mahra, J. Mr. R.P. Nautiyal, Senior Advocate, assisted by Mr. Pawan Nath and Mr. Anil Kumar, Advocates for the applicant. Mr. S.C. Dumka, A.G.A. for the State of Uttarakhand. 2. Present C-528 application is filed with the prayer to set-aside/quash the charge sheet dated 20.12.2018, cognizance/summoning order dated 21.01.2019 and the entire proceedings of Special Sessions Trial No.12 of 2019, pending in the Court of learned Fast Track Court/Special Judge (POCSO)/ Additional Sessions Judge, Dehradun. 3. An F.I.R. was lodged by respondent no.2 in the nature of a missing report regarding her daughter, wherein an apprehension was expressed that one Nitesh Chauhan had enticed her minor daughter away. During the course of investigation, the victim was recovered from the house of the present applicant. 4. Learned Senior Counsel for the applicant submits that the victim, in her statement recorded under Section 164 Cr.P.C., has categorically stated that on account of differences with her mother and brother, she had voluntarily gone to the house of Nitesh Chauhan on 24.09.2018 and resided there till 07.10.2018 of her own free will, without any inducement, coercion or force by any person. It is further submitted that in her deposition as P.W.1 before the trial Court, the victim has not levelled any allegation whatsoever against the present applicant. There is no material on record to indicate that the applicant had either wrongfully confined the victim or committed any act attracting the ingredients of the offences alleged. 5. Having considered the submissions advanced and upon perusal of the material 2026:UHC:3312 available on record, it is apparent that the entire prosecution case, even if taken at its face value, does not disclose the commission of any offence against the present applicant. The statements of the victim under Section 164 Cr.P.C. as well as her testimony before the trial Court completely exonerate the applicant and do not attribute any overt act to her. There is a conspicuous absence of any allegation of inducement, wrongful confinement or participation of the applicant in the alleged occurrence. 6. It is well settled that where the uncontroverted allegations and the evidence collected during investigation do not disclose the commission of any offence, continuation of criminal proceedings would amount to abuse of the process of the Court. 7. In the present case, allowing the proceedings to continue against the applicant, despite absence of any incriminating material, would result in unnecessary harassment and miscarriage of justice. 8. Accordingly, the criminal misc. application is allowed and the entire proceedings of Special Sessions Trial No.12 of 2019, pending in the Court of learned Fast Track Court/Special Judge (POCSO)/ Additional Sessions Judge, Dehradun, are hereby quashed, qua the applicant. (Alok Mahra, J.) 02.05.2026 Arpan ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20 dddb7393398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB9 87446351E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.05.02 17:53:50 +05'30'