Shahrukh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Shahrukh vs State of U.P. and 3 Others — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: till the next date of listing (3.12.2025), no coercive action shall be taken against the applicant; the compromise has been referred to the trial court for verification with a report due within two weeks, and the quashing prayer itself remains undecided pending the verification report.

Issue for consideration

Whether the entire criminal proceedings, the chargesheet dated 28.11.2024 and the cognizance/summoning order dated 20.5.2025 in Special Criminal Case No. 191 of 2025 should be quashed, given the applicant's contention that he and opposite party no. 2 have entered into a compromise and that the applicant and the victim have entered into a matrimonial alliance.

Court's answer

The office is directed to send the compromise (at page 42 of the application) to the court concerned, i.e. the Special Judge POCSO Act/Additional Sessions Judge, Bareilly, for verification.

Ratio / Principle

The applicant and opposite party no. 2 are directed to appear before the trial Court, i.e. the Special Judge POCSO Act/Additional Sessions Judge, Bareilly, on 6.11.2025.

Key takeaways

The learned trial Court concerned shall verify the compromise and submit a report to this Court within two weeks thereafter.ratio¶17
Learned counsel for the applicant may file a supplementary affidavit bringing on record the certified copy of the verification of the proceedings within the said period of two weeks.ratio¶18
The case is to be listed on 3.12.2025 as fresh.

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.), order dated September 25, 2025, in APPLICATION U/S 528 BNSS No. - 28684 of 2025, Shahrukh v. State of U.P. and 3 Others: the applicant sought quashing of the entire proceedings, the chargesheet dated 28.11.2024 and the cognizance/summoning order dated 20.5.2025 passed by the Special Judge POCSO Act/Additional Sessions Judge, Bareilly in Special Criminal Case No. 191 of 2025 (State v. Shahrukh), arising out of Case Crime No. 980 of 2024 under Sections 137(2), 64(2)(M), 87 BNS and 5L/6 of the POCSO Act, 2012, P.S. Baradari, District Bareilly. Counsel contended that the applicant and opposite party no. 2 had entered into a compromise (at page 42 of the application), that the applicant and the victim had already entered into a matrimonial alliance, that the victim was aged 17 years and 8 months at the time of the offence, and that they were living peacefully in their married life. The Court directed the compromise to be sent to the trial court for verification, directed the applicant and opposite party no. 2 to appear before the trial court on 6.11.2025, called for a verification report within two weeks thereafter, permitted a supplementary affidavit with the certified copy of the verification, listed the case fresh on 3.12.2025, and ordered that till the next date of listing no coercive action be taken against the applicant. The final decision on the quashing prayer was deferred.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28684 of 2025

Shahrukh

.....Applicant(s)

Versus
State Of U.P. And 3 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Krishna Gopal
Counsel for Opposite Party(s)	: G.A.

Court No. - 89

HON'BLE JITENDRA KUMAR SINHA, J.

Counter affidavit along with vakalatnama has been filed by Sri Devashish Mitra, learned counsel appearing on behalf of the opposite party no. 2 today, which is taken on record.

Heard Sri Krishna Goptal, learned counsel for the applicant and Sri B.P. Singh, learned AGA for the State respondents and Sri Devashish Mitra, learned counsel for the opposite party no. 2.

Present application has been filed for quashing the entire proceedings as well as the impugned chargesheet dated 28.11.2024 along with cognizance/summoning order dated 20.5.2025 passed by the learned Special Judge POCSO Act/Additional Sessions Judge, Bareilly in Special Criminal Case No. 191 of 2025, State vs. Shahrukh, arising out of Case Crime No. 980 of 2024, under Sections 137 (2), 64(2)(M), 87 BNS and 5L/6 of the Protection of Children from Sexual Offences Act, 2012, P.S. Baradari, District Bareilly pending in the Court of Special Judge POCSO Act/Additional Sessions Judge, Bareilly.

It is contended by the learned counsel for the applicant that the applicants and opposite party no. 2 have entered into compromise and compromise is at page 42 of the application. It is submitted that the applicant and victim have already entered into matrimonial alliance. It is further submitted that the age of the victim at the time of commission of offence was 17 years and 8 months and they are living peacefully in their married life. It is thus submitted that compromise be sent to the court

NA528 No. 28684 of 2025

2

concerned for verification.

In view of the above, office is directed to send the compromise for verification (which is at page 42 of the application) to the court concerned i.e. Special Judge POCSO Act/Additional Sessions Judge, Bareilly for verification.

Applicant and the opposite party no. 2 are directed to appear before the trial Court i.e. Special Judge POCSO Act/Additional Sessions Judge, Bareilly 6.11.2025

Learned trial Court concerned shall verify the same and submit a report to this Court within two weeks thereafter.

Learned counsel for the applicant may also file supplementary affidavit bringing on record the certified copy of the verification of the proceedings within the aforesaid period of two weeks.

List this case on 3.12.2025 as fresh.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

(Jitendra Kumar Sinha,J.)

September 25, 2025 Abhishek

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