Sanny Kumar and Another vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

Sanny Kumar and Another vs State of U.P. and… — Child Sexual Offences (POCSO) | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief only; quashing prayer not finally decided. Parties directed to appear before the trial court for verification of the compromise and recording of their statements; report with status of trial to be submitted to this Court within two weeks thereafter; further proceedings against the applicants in the sessions trial stayed till the next date; learned A.G.A. may file counter affidavit in the meantime; case listed on 30.03.2026 as fresh.

Issue for consideration

Whether the charge-sheet dated 08.07.2022 and the entire proceedings of Sessions Trial No. 58 of 2023 (arising out of Case Crime No. 37 of 2022, under Sections 363, 366, 376 IPC and Section 5L/6 POCSO Act, PS Wyndhamganj, District Sonebhadra) can be quashed on the basis of the compromise between the parties.

Court's answer

Applicants and opposite party no. 2 directed to appear before the court concerned within two weeks with a certified copy of this order and a copy of the compromise deed; the compromise shall be verified by the court concerned, which shall submit a report along with the status of the trial before this Court within two weeks thereafter.

Ratio / Principle

While 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 have been fulfilled or not.

Key takeaways

Interim stay: till the next date of listing, further proceedings against the applicants in the aforesaid sessions trial shall remain stayed.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Tarun Saxena, J.), Application U/S 528 BNSS No. 7426 of 2026, Sanny Kumar and another v. State of U.P. and 3 others (decided February 20, 2026): Applicants sought quashing of the charge-sheet dated 08.07.2022 and the entire proceedings of Sessions Trial No. 58 of 2023 (State v. Sanny Kumar), arising out of Case Crime No. 37 of 2022, under Sections 363, 366, 376 IPC and Section 5L/6 POCSO Act, Police Station Wyndhamganj, District Sonebhadra, pending before the Special Judge (POCSO Act), Sonebhadra, on the basis of a written compromise between the parties (affidavits annexed as Annexure no. 5). The Court, without deciding the quashing prayer, directed the applicants and opposite party no. 2 to appear before the court concerned within two weeks with a certified copy of the order and the compromise deed; the trial court is to verify the compromise, record the parties' statements on whether all terms of the original compromise deed have been fulfilled, and submit a report along with the status of the trial within two weeks thereafter. Further proceedings against the applicants in the sessions trial were stayed till the next date of listing. The learned A.G.A. was permitted to file a counter affidavit in the meantime, and the case was listed on 30.03.2026 as fresh. No precedent was cited and no final determination was made on the merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 7426 of 2026

Sanny Kumar And Another

.....Applicant(s)

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

Court No. - 78

HON'BLE TARUN SAXENA, J.

Sri Dinesh Kumar Patel, Advocate has filed his vakalatnama today on behalf of opposite party no. 4, which is taken on record.

Heard learned counsel for the applicants, learned counsel for the opposite party no. 4, 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 dated 08.07.2022 as well as entire proceedings of Sessions Trial No. 58 of 2023 (State Vs. Sanny Kumarl), arising out of Case Crime No.37of 2022, under Sections 363, 366, 376 I.P.C. and Section 5L/6 POCSO Act, Police Station Wyndhamganj, District Sonebhadra, pending in the court of Special Judge (POCSO Act), Sonebhadra on the basis of compromise.

Learned counsel for the applicants and learned counsel for the opposite party no. 2 jointly submit that the parties have entered into a compromise and a compromise has been reduced to writing stating therein that they have entered into compromise and they 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

NA528 No. 7426 of 2026

2

proceedings before the court below and the same 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 no. 2 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 two weeks from today, which shall be verified by the court concerned and a report in this regard along with status of the trial 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 30.03.2026 as fresh.

In the meantime, learned A.G.A. for the State may file counter affidavit.

Till the next date of listing, further proceedings against the applicants in the aforesaid session trial shall remain stayed.

(Tarun Saxena,J.)

February 20, 2026 SK Srivastava

Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad