Sachin and 2 Others vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Sachin and 2 Others vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with direction to the court below to verify the compromise dated 23.12.2024 after summoning the parties, to conclude the exercise within two months; no coercive action against the applicants for two months; liberty to file a fresh Section 482 Cr.P.C. application if need arises

Issue for consideration

Whether the entire proceedings of Complaint Case No. 707 of 2022 (Tanu Vs. Sachin and others) under Sections 354, 504, 506 IPC and 7/8 POCSO Act are liable to be quashed on the ground of vague allegations and/or on the basis of the compromise deed dated 23.12.2024 between the parties

Ratio / Principle

The present application is disposed of with direction to the learned court below to verify the compromise after summoning the parties

Key takeaways

The verification exercise is to be concluded by the court below within two months from receipt of copy of the order, and for a period of two months no coercive action shall be taken against the applicantsratio¶11
The applicants are granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings, if need arisesratio¶12

Detailed headnote1 paragraphs

Quashing (S.482 Cr.P.C.) - Complaint Case No. 707 of 2022 (Tanu Vs. Sachin and others) under Sections 354, 504, 506 IPC and 7/8 POCSO Act, P.S.- Shikohabad, District- Firozabad, pending before Additional Session Judge/Special Judge POCSO Act, Court No. 3, Firozabad - Applicants pleaded vague allegations in the victim's Section 200 Cr.P.C. statement and a compromise deed dated 23.12.2024, original whereof was filed before the court below - A.G.A. submitted the compromise was yet to be verified - Held: application disposed of with direction to the court below to verify the compromise after summoning the parties, concluding the exercise within two months of receipt of copy of the order; no coercive action against the applicants for two months; liberty granted to file a fresh Section 482 Cr.P.C. application to quash the main proceedings, if need arises (Arun Kumar Singh Deshwal, J.; Order Date 21.1.2025; Neutral Citation 2025:AHC:9938).

Neutral Citation No. - 2025:AHC:9938

Court No. - 77

Case :- APPLICATION U/S 482 No. - 1686 of 2025

Applicant :- Sachin And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhishm Pal Singh Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri D.S. Yadav, Advocate holding brief of Shri Bhishm Pal Singh, learned counsel for the applicant and Shri Sandeep Saxena, learned learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 707 of 2022 (Tanu Vs. Sachin and others) under Sections 354, 504, 506, IPC and 7/8 of POCSO Act, P.S.- Shikohabad, District- Firozabad, pending in the court of learned Additional Session Judge/ Special Judge POCSO Act, Court No. 3, Firozabad.

Contention of learned counsel for the applicants is that from the perusal of the statement of victim girl under Section 200 Cr.P.C., it is clear that absolutely vague allegation has been made and no offence under Section 354 and POCSO Act is made out. It is further submitted that now on pursuance of responsible persons of the society, parties have settled their dispute and compromise deed dated 23.12.2024 have entered between the parties. It is further submitted that original deed of compromise has already been filed before the court below and it is also prayed that on the basis of compromise, impugned proceeding may be quashed.

However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise.

In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties.

It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months from the date of receipt of copy of this order and for a period of two months, no coercive action shall be taken against the applicants.

However, the applicants are granted liberty to file a fresh application under Section 482 Cr.P.C. to quash the main proceedings, if need arises.

Order Date :- 21.1.2025 Sharad/-

Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad