Dilshad and 6 Others vs State of U.P. and 4… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Dilshad and 6 Others vs State of U.P. and 4… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim protection: no coercive action against the applicants till the next date of listing (case listed fresh on 27.03.2026). Parties directed to appear before the trial court within four weeks for verification of the compromise dated 14.01.2026 and recording of statements on fulfilment of its terms; trial court to submit a report to the High Court within two weeks of verification. Final decision on quashing deferred.

Issue for consideration

Whether the charge-sheet no. 29 of 2025 dated 11.02.2025, the cognizance order dated 24.03.2025 and the entire proceedings of Session Trial No. 192 of 2025 (arising out of Case Crime No. 13 of 2025) ought to be quashed on the basis of the out-of-court compromise dated 14.01.2026, pursuant to which the applicant and the victim/opposite party no.3 have married.

Court's answer

The applicants and opposite party nos. 2 and 3 are directed to appear before the court concerned within four weeks with a certified copy of the order and the compromise deed; the compromise shall be verified by the court concerned, which shall also record the statements of the parties as to whether all terms of the original compromise deed have been fulfilled, and submit a report to the High Court within two weeks thereafter.

Ratio / Principle

As an interim measure, till the next date of listing, no coercive action shall be taken against the applicants in the aforesaid case.

Detailed headnote1 paragraphs

Allahabad High Court (Tarun Saxena, J.) in Application U/S 528 BNSS No. 7071 of 2026, Dilshad & 6 Others v. State of U.P. & 4 Others (decided 19.02.2026): Applicants sought quashing of charge-sheet no. 29 of 2025 dated 11.02.2025, cognizance order dated 24.03.2025 and entire proceedings of Session Trial No. 192 of 2025 (State v. Dilshad & Ors.), arising out of Case Crime No. 13 of 2025 under Sections 70(2), 115(2), 351(2)(3), 333 BNS and Section 5/6 POCSO Act, P.S. Naugawan Sadat, District J.P. Nagar (Amroha), on the basis of an out-of-court compromise dated 14.01.2026, the applicant having married the victim/opposite party no.3. Court directed the applicants and opposite party nos. 2 and 3 to appear before the trial court within four weeks with a certified copy of the order and the compromise deed for verification; the trial court to record the parties' statements on fulfilment of the compromise terms and report to the High Court within two weeks thereafter. Till the next date (27.03.2026), no coercive action against the applicants. Final decision on quashing deferred; no precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 7071 of 2026

Dilshad And 6 Others

.....Applicant(s)

	Versus
State Of U.P. And 4 Others	.....Opposite Party(s)
Counsel for Applicant(s)	: Sandeep Kumar Srivastava
Counsel for Opposite Party(s)	: G.A.

Court No. - 78

HON'BLE TARUN SAXENA, J.

Heard learned counsel for the applicants, Shri Brijesh Kumar Pandey, learned counsel for opposite party no.2 as well as learned AGA for the State and perused the records.

The present application U/S 528 B.N.S.S. has been filed by the applicants with the prayer to quash the charge-sheet no.29 of 2025 dated 11.02.2025, cognizance order dated 24.03.2025 as well as entire proceedings of Session Trial No. 192 of 2025 (State Vs. Dilshad and Ors.), arsing out of Case Crime No. 13 of 2025, under Sections 70(2), 115(2), 351(2)(3), 333 of the B.N.S. and Section 5/6 POCSO Act, Police Station Naugawan Sadat, District J.P. Nagar (Amroha), pending in the court of Additional Sessions Judge/ Special Judge POCSO Act-I, J.P. Nagar on the basis of compromise dated 14.01.2026.

Learned counsels for both the parties jointly submit that the parties have reconciled their differences and a compromise has been entered between them out of court since the applicant and victim/ opposite party no.3 have solemnized marriage and are living together as husband and wife. In this regard, a compromise deed has been filed stating therein that they have amicably settled their dispute and do not want to press the case, copy of said affidavits have been annexed as Annexure no.5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below, and the same

NA528 No. 7071 of 2026

2

is not only sheer wastage of time of the Court but also abuse of the process of law.

Learned AGA for the State submits that the compromise effected between the parties may be verified before the court concerned.

In the interest of justice, the applicants and the opposite party nos. 2 and 3 are directed to appear before the court concerned along with a certified copy of this order as well as copy of the compromise deed within four weeks from today, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within two weeks thereafter. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not?

List this case on 27.03.2026 as fresh.

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

(Tarun Saxena,J.)

February 19, 2026

AS

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