Ram Sajiwan Alias Babu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Ram Sajiwan Alias Babu Vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the charge-sheet no.10/2022 dated 13.01.2022, the charge order dated 11.04.2022 and the entire criminal proceedings arising out of FIR/Case Crime No.0499/2021 (Police Station Fatehpur, District Barabanki) under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act; the compromise deed made part of the order.

Issue for consideration

Whether the charge-sheet no.10/2022 dated 13.01.2022, the charge order dated 11.04.2022 and the entire criminal proceedings arising out of FIR/Case Crime No.0499/2021 (under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act) pending before the Additional Sessions Judge (POCSO Act), Court No.46, Barabanki should be quashed on the ground that the parties have arrived at a compromise/settlement.

Court's answer

Considering the ratio laid down by the Supreme Court in B. S. Joshi, Nikhil Merchant, Manoj Sharma, Gian Singh and Narinder Singh, and the fact that the parties have settled their dispute outside the Court by way of compromise, it was appropriate to quash the criminal proceedings, as continuance of the proceedings would be an exercise in futility.

Ratio / Principle

The application under Section 482 is allowed and the entire proceedings arising out of FIR/Case Crime No.0499/2021 lodged at Police Station Fatehpur, District Barabanki, including the charge-sheet no.10/2022 dated 13.01.2022 and the charge order dated 11.04.2022, under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act, stand quashed.

Key takeaways

The compromise deed entered into between the parties shall form part of the order.ratio¶7

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Shree Prakash Singh, J.), Application U/S 482 No. 3027 of 2024, decided 09.09.2025: On the basis of a compromise/settlement arrived at between the parties amicably outside the Court (placed on record as Annexure-7 and verified by the learned Senior Registrar vide order dated 20.08.2024 in compliance of the order dated 14.08.2024), and considering the ratio laid down by the Supreme Court in B. S. Joshi v. State of Haryana (2003) 4 SCC 675, Nikhil Merchant v. C.B.I. (2008) 9 SCC 677, Manoj Sharma v. State (2008) 16 SCC 1, Gian Singh (2010) 15 SCC 118 and Narinder Singh v. State of Punjab (2014) 6 SCC 466, the Court held it appropriate to quash the criminal proceedings as their continuance would be an exercise in futility. The application was allowed; the entire proceedings arising out of FIR/Case Crime No.0499/2021 (P.S. Fatehpur, District Barabanki), including charge-sheet no.10/2022 dated 13.01.2022 and charge order dated 11.04.2022 under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act pending before the Additional Sessions Judge (POCSO Act), Court No.46, Barabanki, were quashed; the compromise deed was made part of the order.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 3027 of 2024

Ram Sajiwan Alias Babu

.....Applicant(s)

Versus

State Of U.P. Thru. Secy. Home Sectt. Lko And 3 Others .....Opposite Party(s)

Counsel for Applicant(s) : Arvind Kumar Counsel for Opposite Party(s) : G.A., Ajay Deep Verma

Court No. - 14

HON'BLE SHREE PRAKASH SINGH, J.

Heard learned counsel for the parties and perused the record.

The instant application has been filed seeking quashing of the chargesheet no.10/2022 dated 13.01.2022 and charge order dated 11.04.2022, under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act relating to FIR/Case Crime No.0499/2021 lodged at Police Station Fatehpur, District Barabanki and to quash the entire criminal proceedings, arising out of the aforesaid case crime number, pending in the court of learned Additional Sessions Judge (POCSO Act), Court No.46, Barabanki on the ground that the parties have arrived at a compromise/settlement.

Learned counsels for the parties submit that the parties have settled their dispute amicably outside the Court and they have arrived at a compromise. The compromise entered into between the parties has been placed on record as Annexure-7 to the application. The parties have confirmed the terms of the compromise. The compromise has been verified between the parties by learned Senior Registrar of this Court vide order dated 20.08.2024 in compliance of the order dated 14.08.2024 passed by this Court in the present application.

I have considered the submissions of learned counsel for the parties.

Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675

, Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj

A482 No. 3027 of 2024

2

Sharma versus State and others : (2008) 16 SCC 1 , Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the instant application is allowed and the entire proceedings, arising out of FIR/Case Crime No.0499/2021 lodged at Police Station Fatehpur, District Barabanki, including the charge-sheet no.10/2022 dated 13.01.2022 and charge order dated 11.04.2022, under Sections 376, 504 and 506 IPC read with Section 3/4 POCSO Act, are hereby quashed .

The compromise deed shall be made part of this order.

Consign to record.

(Shree Prakash Singh,J.)

September 9, 2025 MVS/-

Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench