Nadeem vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Nadeem vs State of Up and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief: further proceedings of Case No. 191 of 2023 (State Vs. Nadeem), arising out of Case Crime No. 08 of 2023, stayed till the next date of listing fixed as 25.11.2025; parties permitted to exchange affidavits in the meantime and directed to furnish the compromise to the trial court for verification, with a certified copy to be returned to the High Court. Matter not finally disposed of.

Issue for consideration

Whether, in view of the marriage between the applicant-accused and the victim and the compromise entered into between the parties, the further proceedings of the criminal case arising out of Case Crime No. 08 of 2023 (Sections 376(2)(n) IPC and Sections 5/6 POCSO Act) should be stayed pending trial-court verification of the compromise deed.

Court's answer

Considering the compromise entered between the parties, and taking on record the compromise annexed through the applicant's supplementary affidavit (after the copy filed before the registry was found untraceable), the Court held that the further proceedings of Case No. 191 of 2023 (State Vs. Nadeem), arising out of Case Crime No. 08 of 2023, under Sections 376(2)(n) IPC and Sections 5/6 POCSO Act, P.S. C.B.Ganj, District Bareilly, shall remain stayed till the next date of listing (fixed as 25.11.2025).

Ratio / Principle

The parties were directed to appear before the trial court and file the compromise entered into between them, which is to be verified by the trial court.

Key takeaways

The trial court was empowered to return the certified copy of the compromise, keeping the original on its record, to the High Court at an early date.ratio¶¶17

Detailed headnote1 paragraphs

Allahabad High Court (Court No. 81), Hon'ble Avnish Saxena, J. — interim order dated October 13, 2025 in Application U/S 482 No. 1915 of 2024, Nadeem v. State of U.P. and 3 others. The applicant-accused and the victim are married (Nikahnama on record); the FIR was lodged by the victim's father and crystallised as Case No. 191 of 2023 arising out of Case Crime No. 08 of 2023, under Sections 376(2)(n) IPC and Sections 5/6 POCSO Act, P.S. C.B.Ganj, District Bareilly. The compromise deed filed before the registry was found untraceable; the applicant annexed it afresh by supplementary affidavit, which was taken on record, and the informant's counsel (Mohd. Savood) admitted the factum of compromise. The Court directed the parties to appear before the trial court and file the compromise for verification, with the certified copy to be returned to the High Court (original retained on the trial-court record), permitted exchange of affidavits in the meantime, and stayed further proceedings of the said case till the next date of listing, 25.11.2025. No precedent was invoked and no quantum involved.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 1915 of 2024

Nadeem

.....Applicant(s)

Versus

State Of Up And 3 Others

.....Opposite Party(s)

Counsel for Applicant(s)	: Ehtesham Afsar Khan
Counsel for Opposite Party(s)	: G.A.

Court No. - 81

HON'BLE AVNISH SAXENA, J.

Sri Ehtesham Afsar Khan, learned counsel applicant appears and submits that the applicant-accused and victim are married. The Nikahnama is already on record. The father of the victim has lodged the FIR. There is compromise entered into between the parties. The compromise is already filed before the registry but the same is remained untraceable. The applicant has filed another supplementary affidavit annexing the compromise on record. The same is taken on record.

Learned AGA is present for the State-opposite party no.1.

Mohd. Savood, Advocate appear on behalf of informant and filed his Vakalatnama, the same is taken on record. He has admitted the factum of compromise between the parties.

None appeared on behalf of opposite party nos. 3 and 4.

List on 25.11.2025.

In the meantime, the parties may exchange affidavits.

The parties may appear before the trial court and file the compromise entered into between the parties, which shall be verified by the trial court. The trial court may return the certified copy of compromise, keeping the original in the record, to this Court at an early date.

Considering the compromise entered between the parties, the further proceeding of Case No. 191 of 2023 (State Vs. Nadeem), arising out of Case Crime No. 08 of 2023, under Sections 376 (2) (N) IPc and Section

A482 No. 1915 of 2024

2

5/6 POCSO Act, P.S. C.B.Ganj, District Bareilly shall remain stayed till the next date of listing.

(Avnish Saxena,J.)

October 13, 2025

Abhishek Sri.

Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad