Prem Lal Cham oli v. St at e of Ut t arakhand and Ot hers

Mr. Lok endra Dobhal, Advocat e. Counsel for t he Respondent : No.1 Mr. Him anshu Sain, Brief Holder. Counsel for t he Respondent : Mr. Prat ul Kum ar, Advocat e Nos. 2 and 3 H o n ’ b l e A l o k Ku m a r Ve r m a ,J. This Applicat ion under Sect ion 528 of t he Bharat iya Nagarik Suraksha Sanhit a, 2023 has been filed for quashing t he ent ire proceedings of Special Sessions Trial No.32 of 2021, “ St at e vs. Prem Lal Cham oli”, pending before t he Special Court ( POCSO) , Tehri Garhwal. The First I nform at ion Report was regist ered on 18.05.2021. 2 . The charges against t he applicant – accused have been fram ed by t he t rial court under Sect ions 354, 354D, 504, 506, 376( 2) ( j ) , 427 of t he I ndian Penal Code, 1860, Sect ion 3 read wit h Sect ion 4 of t he Prot ect ion of Children from Sexual Offences Act , 2012, Sect ion 3( 1) ( r) , Sect ion 3( 1) ( s) and Sect ion 3( 2) ( v) of 1 t he Scheduled Cast es and t he Scheduled Tribes ( Prevent ion of At rocit ies) Act , 1989. 3 . Mr. Lokendra Dobhal, learned counsel for t he applicant . 4 . Mr. Him anshu Sain, learned Brief Holder for t he respondent no.1. 5 . Mr. Prat ul Kum ar, learned counsel for t he respondent nos.2 and 3. 6 . The applicant – accused along wit h t he respondent no.2 – inform ant / vict im is present t hrough video conferencing. 7 . The respondent no.3, t he m ot her of t he vict im , is also present t hrough video conferencing. 8 . Applicant ident ified by Mr. Lokendra Dobhal, Advocat e. 9 . Respondent nos.2 and 3 are ident ified by Mr. Prat ul Kum ar, Advocat e. 1 0 . The dat e of birt h of t he respondent no.2 is

27.03.2003 ( Annexure no.5) . 1 1 . Bot h, t he applicant and t he respondent no.2 subm it t ed t hat t hey got m arried on 05.08.2024 and t heir m arriage has been regist ered under t he provisions t he Ut t arakhand Com pulsory Regist rat ion of Marriages Act , 2010 on 08.08.2024 ( Annexure no.6) . 2 They are living as husband and wife happily. 1 2 . The fact of t he m arriage has not been disput ed by t he respondent no.1. 1 3 . The applicant and t he privat e respondent s subm it t ed t hat t hey have filed a Com pounding Applicat ion ( I A No.1 of 2025) and affidavit s wit h t heir free will and wit hout any pressure. The respondent no.2 and t he respondent on.3 have request ed t o quash t he ent ire proceeding of Special Sessions Trial No.32 of 2021, “ St at e vs. Prem Lal Cham oli”, pending before t he Special Court ( POCSO) , Tehri Garhwal. 1 4 . Though t his Court would norm ally be hesit ant t o quash t he proceedings under Sect ion 376( 2) 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 , it is not iced t hat t he applicant and t he vict im got m arried and t hey are living happily. 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 w hich t he inherent j urisdict ion of t his Court should be exercised t o do real and 3 subst ant ial j ust ice. 1 5 . 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.32 of 2021, “ St at e vs. Prem Lal Cham oli”, pending before t he Special Court ( POCSO) Tehri Garhwal, are quashed. 1 6 . 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.32 of 2021, “ St at e vs. Prem Lal Cham oli”, pending before t he Special Court ( POCSO) Tehri Garhwal, are hereby quashed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ A LOK K UM A R VERM A , J. Dat e: 29.08.2025 JKJ/ Pant 4