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Uttarakhand High Court
Gaurav Kumar Alias Gaurav Gujjar vs State Of Uttarakhand And Others on 27 August, 2025
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
2025:UHC:7589
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
27TH AUGUST, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO.1422 of 2025
Gaurav Kumar alias Gaurav Gujjar ..... Applicant
Versus
State of Uttarakhand and Others .....Respondents
Counsel for the Applicant : Mrs. Pushpa Joshi, Senior
Advocate assisted by Ms.
Nipush Mola Joshi,
Advocate with Ms. Chetna
Latwal, Advocate.
Counsel for the Respondent : Mr. Pradeep Lohani,
No.1 Brief Holder.
Counsel for the Respondent nos.2 : Mr. Rahul Singh
3/Informant- victim Bhandari, Advocate.
Hon'ble Alok Kumar Verma,J.
Smt. Pushpa Joshi, learned Senior Advocate.
2. Mr. Pradeep Lohani, learned Brief Holder for
respondent no.1.
3. Mr. Rahul Singh Bhandari, learned counsel for
respondent no.2-informant and for the respondent
no.3, the victim.
4. The Amendment Application, filed by the
applicant, has not been opposed by the respondents.
5. The Amendment Application is allowed.
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2025:UHC:7589
6. 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.49 of 2022, “State vs. Gaurav Kumar
alias Gaurav Gujjar”, pending before the court of
Special Judge (POCSO)/District and Sessions Judge,
Tehri Garhwal 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, Section 3(1)(w)(ii) and Section
3(2)(v) of the Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989.
7. Applicant-accused, Gaurav Kumar alias
Gaurav Gujjar is present through video conferencing.
He is identified by Ms. Nipush Mola Joshi, Advocate.
The respondent no.2, the informant and the respondent
no.3, the victim, are present through video
conferencing. They are identified by Mr. Rahul Singh
Bhandari, Advocate.
8. This fact is admitted between the parties that
the applicant has married the respondent no.3 and they
have a son. The applicant and the respondent no.3
submitted that they are leading a happy married life
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2025:UHC:7589
with his son, aged about one year. They further
submitted that they have filed a compounding
application and affidavits with their free will and
without any pressure. The respondent no.2 and the
respondent no.3 have requested to quash the entire
proceedings of Special Sessions Trial No.49 of 2022.
9. Mr. Pradeep Lohani, Brief Holder, submitted
that the applicant and the respondent no.3 are leading
a happy married life, therefore, the State has no
objection to the request of the respondent no.2 and the
respondent no.3.
10. Applicant and respondent no.3 are leading a
happy married life, continuing prosecution would cause
unnecessary harassment to them and their child.
11. Though this Court would normally be hesitant
to quash the proceedings under Sections 363, 366A,
376 of the Indian Penal Code, 1860 and the
proceedings under the provisions of the Protection of
Children from Sexual Offences Act, 2012 and the
proceedings under the provisions of the Scheduled
Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, but, it is noticed that the
applicant and the victim got married and they are living
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2025:UHC:7589
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.
12. 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.49
of 2022, “State vs. Gaurav Kumar alias Gaurav Gujjar”,
pending before the court of Special Judge
(POCSO)/District and Sessions Judge, Tehri Garhwal,
are quashed.
13. 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.49 of 2022, “State vs. Gaurav
Kumar alias Gaurav Gujjar”, pending before the court of
Special Judge (POCSO)/District and Sessions Judge,
Tehri Garhwal, are hereby quashed.
___________________
ALOK KUMAR VERMA, J.
Dt:27.08.2025
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=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d
27, postalCode=263001, st=UTTARAKHAND,
serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE4
87B2FE0F92, cn=NEHA BISHT
Date: 2025.08.27 20:05:10 +05’30’
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