Rajkumar Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

Rajkumar Vs State of U.P. and 2 Others — Child Sexual Offences (POCSO) | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the court below with the compromise deed and certified copy of the order; trial court expected to verify the compromise and pass an appropriate order within four weeks; liberty to file a fresh Section 482 Cr.P.C. application thereafter; no coercive measures against the applicants for five weeks. The prayer to quash the charge sheet and cognizance order was not decided at this stage.

Issue for consideration

Whether the charge sheet dated 03.05.2023 and cognizance order dated 09.05.2023 in Case Crime No. 031 of 2023 under Sections 363, 366, 376 IPC and 3/4 POCSO Act should be quashed in view of the compromise between the applicant and opposite parties following the marriage of the applicant with opposite party no. 2 +1 more

Court's answer

The Court did not itself quash the charge sheet or cognizance order; it directed the parties to appear before the court below with the compromise deed and a certified copy of the order, and expected the trial court to fix a date for verification of the compromise and pass an appropriate order to that effect within four weeks

Ratio / Principle

Liberty reserved to the applicants to file a fresh application under Section 482 Cr.P.C. at the stage after verification of the compromise, for the relief sought in the present application

Key takeaways

Interim protection: no coercive measure shall be taken against the applicants for a period of five weeksratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 482 No. 29754 of 2023, Neutral Citation No. 2023:AHC:198633, decided 13.10.2023: The applicant sought quashing of the charge sheet dated 03.05.2023 and cognizance order dated 09.05.2023 in Case Crime No. 031 of 2023 under Sections 363, 366, 376 IPC and 3/4 POCSO Act, P.S. Kotwali Jalaun, District Jalaun, pending before the Special Judge, POCSO Act, Jalaun at Orai. Ground: opposite party no. 2 (daughter of the informant, opposite party no. 3) has since solemnized marriage with the applicant, and opposite parties no. 2 and 3 have settled the dispute and executed a written compromise deed (Annexure no. 7). Counsel for opposite party no. 2 and the AGA did not dispute the correctness of the facts. The Court did not quash the proceedings itself; it disposed of the application, directing the parties to appear before the court below with the compromise deed and a certified copy of the order, expecting the trial court to fix a date for verification of the compromise and pass an appropriate order within four weeks, reserving liberty to the applicants to file a fresh Section 482 application at that stage, and directing that no coercive measures be taken against the applicants for five weeks.

Neutral Citation No. - 2023:AHC:198633

Court No. - 89

Case :- APPLICATION U/S 482 No. - 29754 of 2023 Applicant :- Rajkumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.,Krishn Kumar

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant; learned counsel for the opposite party no. 2 and 3 and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 03.05.2023; cognizance order dated 09.05.2023, in Case Crime No.031 of 2023, under Sections 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Jalaun, District Jalaun, pending before the Special Judge, POCSO Act, Jalaun at Orai.

Counsel for the applicant submits that opposite party no. 3 lodged F.I.R. against applicant in the aforesaid sections and opposite party no. 2 is the daughter of opposite party no. 3 and now opposite party no. 2 solemnized marriage with applicant. They are living happily as husband and wife and opposite party no. 2 and 3 have settled the dispute out of the court with applicant and entered into a compromise. A copy of the compromise deed entered into between the parties has been reduced in writing is annexed as Annexure no. 7 to the present application, hence the proceeding against the applicants be quashed.

Learned counsel for opposite party no. 2 and AGA does not dispute the correctness of the facts.

Accordingly, it is provided that the parties shall appear before the court below with compromise deed along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

In view of the above, the present application is disposed of .

For a period of five weeks, no coercive measure shall be taken against the applicants.

Order Date :- 13.10.2023 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad