Swatantra vs State of U.P. and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Swatantra vs State of U.P. and 4 Others — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim directions only; quashing application not finally decided. Office to send the compromise (Annexure-1 to the supplementary affidavit) to the trial court for verification; applicant and opposite party no. 2 to appear before the trial court on 27.4.2026; trial court to verify the compromise and submit a report within two weeks thereafter; liberty to file supplementary affidavit with certified copy of verification proceedings within two weeks; no coercive action against the applicant till the next date; case to be put up fresh on 18.5.2026.

Issue for consideration

Whether the entire proceeding of Special Case No. 1353 of 2020 (State vs. Swatantra), arising out of Case Crime No. 363, 366A and 376(3) IPC and Section 3/4 of POCSO Act, Police Station Dataganj, District Badaun, along with the charge-sheet dated 26.10.2020 and the cognizance/summoning order dated 12.11.2020, should be quashed in view of the compromise dated 11.3.2026 between the applicant and opposite party no. 2.

Court's answer

The office is directed to send the compromise annexed as Annexure-1 to the supplementary affidavit to the concerned Trial Court for verification.

Ratio / Principle

The applicant and opposite party no. 2 are directed to appear before the trial Court on 27.4.2026.

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 proceedings within the said period of two weeks.ratio¶18
As an interim measure, till the next date of listing, no coercive action shall be taken against the applicant pursuant to the aforesaid case.

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Vivek Kumar Singh, J.) in an application under Section 528 BNSS (No. 13581 of 2026) filed by Swatantra seeking quashing of the entire proceeding of Special Case No. 1353 of 2020 (State vs. Swatantra), arising out of Case Crime No. 363, 366A and 376(3) IPC and Section 3/4 of POCSO Act, Police Station Dataganj, District Badaun, along with the charge-sheet dated 26.10.2020 and the cognizance/summoning order dated 12.11.2020 passed by the Special Judge, POCSO Act, Badaun, in pursuance of a compromise dated 11.3.2026 between the applicant and opposite party no. 2. Learned AGA had no objection to sending the compromise for verification. The Court directed the office to send the compromise (Annexure-1 to the supplementary affidavit) to the concerned trial court for verification, directed the applicant and opposite party no. 2 to appear before the trial court on 27.4.2026, required the trial court to verify the compromise and submit a report within two weeks thereafter, permitted the applicant to file a supplementary affidavit with the certified copy of the verification proceedings within that period, listed the case fresh on 18.5.2026, and directed that no coercive action be taken against the applicant pursuant to the aforesaid case till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 13581 of 2026

Swatantra

.....Applicant(s)

	Versus
State Of U.P. And 4 Others			.....Opposite Party(s)
Counsel for Applicant(s)	: Dinesh Gupta	Kumar	Maurya, Rama Kant
Counsel for Opposite Party(s)	: G.A.

Court No. - 80

HON'BLE VIVEK KUMAR SINGH, J.

Heard learned counsel for the applicant and learned AGA for the State respondents.

Present application under Section 528 BNSS has been filed for quashing the entire proceeding of Special Case No. 1353 of 2020 (State vs. Swatantra) arising out of Case Crime No. 363, 366A and 376(3) IPC and Section 3/4 of POCSO Act, Police Station Dataganj, District Badaun along with charge-sheet dated 26.10.2020 as well as cognizance / summoning order dated 12.11.2020 passed by Special Judge, POCSO Actt, Badaun in pursuance of the compromise dated 11.3.2026.

It is contended by learned counsel for the applicant that the applicant and opposite party no. 2 have entered into compromise and the same is annexed as Annexure-1 to the supplementary affidavit. It is, thus, submitted that a direction be issued to the office to send the compromise to the learned trial court for its verification.

On the other hand, learned AGA has no objection to the aforesaid prayer.

In view of the above, the office is directed to send the compromise, annexed as Annexure-1 to the supplementary affidavit, to the concerned Trial Court i.e. 27.4.2026 for its verification.

The applicant and opposite party no. 2 are directed to appear before the

NA528 No. 13581 of 2026

2

trial Court on 27.4.2026.

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

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

Put up this case on 18.5.2026 as fresh.

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

(Vivek Kumar Singh,J.)

April 3, 2026

Lalit Shukla

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