Smt Sonali Devi and Another vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Smt Sonali Devi and Another vs State of U.P… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 482 Cr.P.C. allowed; entire proceedings of criminal Case No. 167 of 2023 (arising out of Case Crime No. 138 of 2023, u/s 363, 366, 376 I.P.C. and 3/4 POCSO Act, pending before Special Judge (POCSO Act), Jalaun at Orain) quashed on the basis of the verified compromise between the parties.

Issue for consideration

Whether the entire proceedings of criminal Case No. 167 of 2023 (arising out of Case Crime No. 138 of 2023, u/s 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S. Kotwali Jalaun, District Jalaun) can be quashed on the basis of the compromise reached between the parties.

Court's answer

Having regard to the records and the settled law of the Supreme Court on quashing on account of inter-party settlement, the present case is a good case for exercising this Court's powers to quash the proceedings as prayed for.

Ratio / Principle

The paramount consideration is that the marriage of a settled family having a child should not be disturbed once husband and wife are on the same plank and are living happily together.

Key takeaways

The Section 482 Cr.P.C. application is allowed and the impugned proceedings of the said criminal case are quashed.ratio¶¶22

Detailed headnote1 paragraphs

Allahabad High Court (Samit Gopal, J.) allowed an application under Section 482 Cr.P.C. filed by the applicant spouses, Smt. Sonali Devi and Babloo Bhatti@Narendra Singh, who stated they had married each other and settled the dispute amicably out of court, and quashed the entire proceedings of criminal Case No. 167 of 2023, State vs. Babloo Bhatti@Narendra Singh, arising out of Case Crime No. 138 of 2023, u/s 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 Orain. Reliance was placed on settled Supreme Court precedent (B.S. Joshi (2003)4 SCC 675; Nikhil Merchant (2008) 9 SCC 677; Manoj Sharma (2008) 16 SCC 1; Gian Singh (2012) 10 SCC 303; Shaifullah 2013 (83) ACC 278; Parbatbhai Ahir (2017) 9 SCC 641) that cases in which parties have settled their grievances can be quashed. The compromise had been verified by the trial court vide order dated 10.5.2024 pursuant to this Court's order dated 27.4.2024, and the State counsel did not dispute the settlement. The Court held that the marriage of a settled family having a child should not be disturbed once husband and wife live happily together.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 8419 of 2024

Smt Sonali Devi And Another

	Versus	.....Applicant(s)
State Of U.P. And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: :	Sushil Kumar Ajay Singh Sengar, G.A.

Court No. - 66

HON'BLE SAMIT GOPAL, J.

1. List revised.

Heard Sri Sushil Kumar, learned counsel for the applicants, Sri Ajay Singh Sengar, learned counsel for the opposite party no. 4/first informant, Sri Ajay Singh, learned A.G.A.-I for the State and perused the records.

The present application under Section 482 Cr.P.C. has been filed by the applicants- Smt. Sonali Devi, Babloo Bhatti@Narendra Singh, with the prayer to quash the entire proceedings of criminal Case No. 167 of 2023, State vs. Babloo Bhatti@Narendra Singh, arising out of Case Crime No. 138 of 2023, u/s 363, 366, 376 I.P.C. and 3/4 POCSO Act, P.S.- Kotwali Jalaun, District Jalaun, pending in the court of Special Judge (POCSO Act), Jalaun at Orain on the basis of compromise with the further prayer to stay the further proceedings of said case during pendency of this application.

Learned counsel for the applicants argued that the applicants have married each other and are living as husband and wife with their family, para-18 and 19 of the affidavit have been placed to buttress the said arguments. It is submitted that the parties have settled the dispute amicably out of court and on the basis of compromise the applicants filed present application before this Court in which an order for verification of the compromise was

A482 No. 8419 of 2024

2

passed on 27.4.2024. It is argued that in compliance of the said order, the parties have filed the order of this Court along with compromise deed before the concerned court for its verification after which the concerned court has verified the said compromise vide its order dated 10.5.2024, copy of the said order has been placed on the record by the office through its report dated 03.07.2024. It is argued that the opposite party no. 2 is not interested to pursue the matter pending in the trial court and is not inclined to give any evidence against the applicants and therefore the impugned proceedings be quashed on the ground of compromise between the parties.

Learned State counsel opposed the prayer for quashing but could not dispute the fact that the matter has been amicably settled between the parties which was duly verified by the concerned trial court.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

The paramount consideration before this Court is that marriage of a settled family having a child should not be disturbed, once husband and wife are on the same plank and are living happily together.

From perusal of the records and the law laid down by the Apex Court on the subject matter, the present case is a good case for

A482 No. 8419 of 2024

3

exercising powers by this Court to quash the proceedings as prayed for by the applicant(s).

The present application is allowed.

The impugned proceedings of the said case are hereby quashed.

November 25, 2025

Naresh

(Samit Gopal,J.)

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