Gaurav Kum ar alias Gaurav Guj j ar v. St at e of Ut t arakhand and Ot hers

Nipush Mola Joshi, Advocat e wit h Ms. Chet na Lat wal, Advocat e. Counsel for t he Respondent No.1 : Mr. Pradeep Lohani, Brief Holder. Counsel for t he Respondent nos.2 : 3/ I nform ant- vict im Mr. Rahul Singh Bhandari, Advocat e. H o n ’ b l e A l o k Ku m a r Ve r m a ,J. Sm t . Pushpa Joshi, learned Senior Advocat e. 2 . Mr. Pradeep Lohani, learned Brief Holder for respondent no.1. 3 . Mr. Rahul Singh Bhandari, learned counsel for respondent no.2- inform ant and t he respondent no.3, t he vict im . 4 . The Am endm ent Applicat ion, filed by t he applicant , has not been opposed by t he respondent s. 5 . The Am endm ent Applicat ion is allowed. 1 6 . The present Applicat ion has been filed under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 t o quash t he ent ire proceedings of Special Sessions Trial No.49 of 2022, “ St at e vs. Gaurav Kum ar alias Gaurav Guj j ar” , pending before t he court of Special Judge ( POCSO) / Dist rict and Sessions Judge, Tehri Garhwal under Sect ions 363, 366A, 376( 2) ( n) of t he I ndian Penal Code, 1860, Sect ion 5( l) read wit h Sect ion 6 of t he Prot ect ion of Children from Sexual Offences Act , 2012, Sect ion 3( 1) ( w) ( ii) and Sect ion 3( 2) ( v) of t he Scheduled Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989. 7 . Applicant - accused, Gaurav Kum ar Gaurav Guj j ar is present t hrough video conferencing. He is ident ified by Ms. Nipush Mola Joshi, Advocat e. The respondent no.2, t he inform ant and t he respondent no.3, t he vict im , present t hrough conferencing. They are ident ified by Mr. Rahul Singh Bhandari, Advocat e. 8 . This fact is adm it t ed bet ween t he part ies t hat t he applicant has m arried t he respondent no.3 and t hey have a son. The applicant and t he respondent no.3 subm it t ed t hat t hey are leading a happy m arried life 2 wit h his son, aged about one year. They furt her subm it t ed t hat t hey have filed a com pounding applicat ion and affidavit s wit h t heir free will and wit hout any pressure. The respondent no.2 and t he respondent no.3 have request ed t o quash t he ent ire proceedings of Special Sessions Trial No.49 of 2022. 9 . Mr. Pradeep Lohani, Brief Holder, subm it t ed t hat t he applicant and t he respondent no.3 are leading a happy m arried life, t herefore, t he St at e has no obj ect ion t o t he request of t he respondent no.2 and t he respondent no.3. 1 0 . Applicant and respondent no.3 are leading a happy m arried life, cont inuing prosecut ion would cause unnecessary harassm ent t o t hem and t heir child. 1 1 . Though t his Court would norm ally be hesit ant t o quash t he proceedings under Sect ions 363, 366A, 376 of t he I ndian Penal Code, 1860 and t he proceedings under t he provisions of t he Prot ect ion of Children from Sexual Offences Act , 2012 and t he proceedings under t he provisions of t he Scheduled Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989, but , is not iced t hat t he applicant and t he vict im got m arried and t hey are living 3 happily wit h t heir m inor son. I n t hese circum st ances, in case, t he proceedings are allowed t o cont inue, it would am ount t o denial of com plet e j ust ice t o t he part ies. Therefore, it is a case, in which t he inherent j urisdict ion of t his Court should be exercised t o do real and subst ant ial j ust ice. 1 2 . Considering t he t ot alit y of t he m at t er, t his Court is of t he view t hat ends of j ust ice would be m et if t he ent ire proceedings of Special Sessions Trial No.49 of 2022, “ St at e vs. Gaurav Kum ar alias Gaurav Guj j ar” , pending before t he of Special Judge ( POCSO) / Dist rict and Sessions Judge, Tehri Garhwal, are quashed. 1 3 . Result ant ly, t he present Applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 is allowed and t he ent ire proceedings of Special Sessions Trial No.49 of 2022, “ St at e vs. Gaurav Kum ar alias Gaurav Guj j ar ”, pending before t he court of Special Judge ( POCSO) / Dist rict and Sessions Judge, Tehri Garhwal, are hereby quashed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dt : 27.08.2025 Neha NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d 27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE4 87B2FE0F92, cn=NEHA BISHT 4