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

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

What the court decided

AI extract

Outcome

Interim order only: notice issued to opposite party no. 2 (returnable at an early date, steps within a week); case listed in the week commencing 26.5.2024; till the next date of listing, no coercive action against the applicants pursuant to the prayer. The quashing prayer remains open; no final adjudication on merits.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 2097 of 2024 (State v. Nand Lal and others), arising out of FIR No. 303 of 2024, Police Station Maakhi, District Unnao, under Sections 76, 115(2), 352, 351(2), 70(1) BNS and Sections 3/4 and 7/8 POCSO Act, together with the summoning order dated 13.01.2025, should be quashed. +1 more

Court's answer

The Court observed that the matter requires consideration.

Ratio / Principle

Notice was ordered to be issued to opposite party no. 2, returnable at an early date, with steps to be taken within a week.

Key takeaways

The case was directed to be listed in the week commencing 26.5.2024 (date as printed in the order).ratio¶14
As an interim measure, till the next date of listing no coercive action shall be taken against the applicants pursuant to the prayer in the application; the quashing prayer itself was left open for consideration.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Hon'ble Manish Kumar, J.), Order dated 15.4.2025 in Application under Section 528 BNSS No. 264 of 2025 — Nandlal and 2 others v. State of U.P. and 3 others. Applicants sought quashing of the entire proceedings of Criminal Case No. 2097 of 2024 (State v. Nand Lal and others), in pursuance of Charge Sheet No. 241(01) of 2024 dated 23.11.2024 arising out of FIR No. 303 of 2024, Police Station Maakhi, District Unnao, under Sections 76, 115(2), 352, 351(2), 70(1) BNS and Sections 3/4 and 7/8 of the Protection of Children from Sexual Offences Act, 2012, pending before the Additional District Judge-II (POCSO), Unnao, along with the summoning order dated 13.01.2025. Applicants' counsel urged that the FIR was a counterblast lodged within ten days of an FIR by the wife of applicant no. 1, amidst enmity over civil suit O.S. No. 137 of 2024 (filed 19.2.2024) for cancellation of a sale deed, and that there was no medical evidence corroborating the victim's/complainant's statements; the learned AGA opposed but was unable to dispute these submissions. The Court held the matter requires consideration, issued notice to opposite party no. 2 (steps within a week), listed the case in the week commencing 26.5.2024, and directed that till the next date of listing no coercive action shall be taken against the applicants. Interim order only; no final adjudication on merits; no precedents cited.

Court No. - 14

Case :- APPLICATION U/S 528 BNSS No. - 264 of 2025

Applicant :- Nandlal And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Jayveer Rajput Counsel for Opposite Party :- G.A.

Hon'ble Manish Kumar,J.

Heard learned counsel for the applicants, learned AGA for the State and perused the record.

The present application under Section 528 BNSS has been filed with the following main reliefs:

"Wherefore, it is most respectfully prayed that ths Hon'ble Court may kindly be pleased to quash the entire proceedings of Criminal Case No. 2097 of 2024; State Vs. Nand Lal and others; in pursuance of Charge Sheet No. 241(01) of 2024 dated 23.11.2024 arising out of Case Crime No. / First Information Report No. 303 of 2024, Under Section 76, 115(2), 352, 351(2), 70(1) B.N.S. and Section 3/4 and 7/8 of Protection of Children from Sexual Offences Act, 2012, relating to Police Station - Maakhi, District Unnao pending before Learned Additional District Judge-II, POCSO Act, Unnao as well as summoning order dated 13.01.2025 passed by Learned Additional District Judge-II, POCSO Act, Unnao (contained as Annexure No.1 & 2), in the interest of law and justice."

Learned counsel for the applicants has submitted that the respondent no. 2 has lodged a complaint on 22.8.2024 under Section 175(3) BNSS and in pursuance thereof an FIR was lodged on 13.8.2024 under Sections 92, 329(3) and 115(2) of BNS, 2023 due to the enmity going on between the parties relating to a civil dispute. The applicant no. 1 has filed a suit bearing O.S. No. 137 of 2024 for cancellation of sale deed prepared by the husband of the victim/complainant/respondent no. 2 along with other persons which is pending before the court of Civil Judge, Junior Division (South), Unnao. The suit was filed on 19.2.2024 and thereafter in retaliation the husband of the respondent no. 2 along with other persons attacked the applicants and for the said incident, an FIR dated 13.8.2024 was lodged by the wife of applicant no. 1 under Sections 92, 329(3) and 115(2) of BNS, 2023 and within ten days of the lodging of FIR, in a counterblast the complainant/respondent no. 2 lodged an FIR against the applicants under Sections 76, 115(2), 352, 351(2), 70(1) of BNS and Section 3/4 and 7/8 of Protection of Children from

Sexual Offences Act, 2012, who is wife of defendent/respondent no. 1 in the suit filed by the applicant no. 1 .

It is further submitted that the mother of the victim has also refused for medical examination of the victim and there is no medical evidence corroborating the ocular evidence/statement given by the victim and the complainant. The medical report does not show any injury on any part of the body of victim. The dispute between the parties is that of a civil in nature in connection with a suit is pending, it is now being given colour of criminal case by the respondent no. 2.

Learned AGA has opposed the application but unable to dispute the submissions made by the learned counsel for the applicants.

The matter requires consideration.

Issue notice to opposite party no. 2 returnable at an early date. Steps to be taken within a week.

List this case in the week commencing 26.5.2024.

Till the next date of listing, no coercive action shall be taken against the applicants pursuant to the aforesaid prayer.

Order Date :- 15.4.2025 AKK

Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench