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

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

What the court decided

AI extract

Outcome

Interim stay of further proceedings in S.T. No. 320 of 2025 (State Versus Amarjeet) arising out of Case Crime No. 115 of 2024; parties permitted to exchange affidavits and directed to file the compromise before the trial court for verification; matter to be listed on 12.12.2025.

Issue for consideration

Whether the chargesheet and entire proceedings arising out of Case Crime No. 115 of 2024 (S.T. No. 320 of 2025, State Versus Amarjeet) under Sections 363, 366, 376 I.P.C. and 5/6 of POCSO Act should be quashed/stayed, given that the applicant has married the alleged victim and a compromise has been entered into between the parties.

Ratio / Principle

Considering that the matter pertains to rape on false promise of marriage, the compromise entered into between the parties, and the dictum of the Supreme Court in the two cases relied upon, further proceedings in S.T. No. 320 of 2025 (State Versus Amarjeet) arising out of Case Crime No. 115 of 2024 are stayed.

Key takeaways

The parties were directed to appear before the trial court and file the compromise entered into between them, which the trial court shall verify; the trial court may return the certified copy of the compromise, keeping the original in the record, to this Court at an early date.ratio¶¶15

Detailed headnote1 paragraphs

Allahabad High Court (Avnish Saxena, J.), Application U/S 528 BNSS No. 41457 of 2025, Amarjeet v. State of U.P. and 3 Others, decided November 4, 2025: Further proceedings in S.T. No. 320 of 2025 (State Versus Amarjeet), arising out of Case Crime No. 115 of 2024 under Sections 363, 366, 376 I.P.C. and 5/6 of POCSO Act, Police Station Kasya, District Kushinagar, pending before the Special Judge, POCSO Act, Kushinagar at Padrauna, were stayed — the applicant having married the alleged victim (the F.I.R. of enticement having been lodged by her mother), a compromise having been entered into between the parties, and the dicta of the Supreme Court in Kunal Chatterjee (SLP (Crl) No. 7004 of 2025) and Shambhu Kharwar (2022 SCC OnLine SC 1032) having been relied upon. Parties directed to file the compromise before the trial court for verification, with the certified copy to be returned to the High Court; matter listed for 12.12.2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 41457 of 2025

Amarjeet

.....Applicant(s)

Versus

State Of U.P. And 3 Others

	.....Opposite Party(s)
Counsel for Applicant(s)	: Gaurav Kumar Singh
Counsel for Opposite Party(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Sri Gaurav Kumar Singh, learned counsel appears for the applicant and submits that the F.I.R. with the allegation of enticement has been lodged by the mother of the victim, who has married to the applicant. The marriage certificate is annexed at page no.57 of the application. There is compromise entered into between the parties, which is annexed at page no.59 of the application, hence, he seeks intervention of this Court to quash the chargesheet and entire proceedings of the case as the parties have already buried their grievance. He relied on two apex court judgements i.e. (1) Kunal Chatterjee Versus The State of West Bengal and others passed in Special Leave Petition (Crl) No. 7004 of 2025 decided on July, 29, 2025 and (2) Shambhu Kharwar Versus State of Uttar Pradesh and another reported in 2022 SCC OnLine SC 1032.

Learned A.G.A. is present for State-opposite party no.1.

Ms Neetu Pal, learned counsel appears for opposite party no.2 and hands up Vakalatanama on her behalf which is taken on record.

None appears for opposite party nos. 3 and 4.

List this case on 12.12.2025, showing the name of Ms Neetu Pal as counsel appears for opposite party no.2.

Meanwhile, the parties may exchange the 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.

NA528 No. 41457 of 2025

2

The trial court may return the certified copy of compromise, keeping the original in the record, to this Court at an early date.

Considering that the matter pertains to rape on false promise of marriage, the compromise entered into between the parties and also the dictum of Supreme Court in aforesaid cases, further proceedings in S.T. No.320 of 2025 (State Versus Amarjeet) arising out of Case Crime No.115 of 2024 under Sections 363, 366, 376 I.P.C. and 5/6 of POCSO Act, Police Station Kasya, District Kushinagar, pending in the court of Special Judge, POCSO Act, Kushinagar at Padrauna is stayed.

November 4, 2025 MN/-

(Avnish Saxena,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad