Please Log in / Register to access the full text of this judgment and the entire database
(2025) Law Today Live Doc. Id. 20425 = 2025:UHC:8255
Decided on: 16.09.2025
Counsel for the Applicant:
Mr. Nalin Saun, Advocate.
Counsel for the Respondent No.1:
Mr. Chitrarth Kandpal, Brief Holder.
Counsel for the Respondent no.2 Informant- victim:
Mr. Subhash Joshi, Advocate.
Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 -- Indian Penal Code, 1860 (45 of 1860), Sections 376(3) -- POCSO -- Rape – Sexual assault – Compromise quashing of FIR -- Applicant and the respondent no.2/ victim solemnized their marriage and their marriage has been registered – Held, though High Court would normally be hesitant to quash the proceedings u/s 376(3) of IPC and Section 3(a) read with Section 4 of POCSO, but, it is noticed that the applicant and the informant got married and they are living happily – if the proceedings are allowed to continue, it would amount to denial of complete justice to the parties -- Inherent jurisdiction should be exercised to do real and substantial justice – Application allowed and the entire proceedings quashed.
(Para 5-10
***
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 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 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.
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.
Application allowed.
********