Neutral Citation No. - 2025:AHC:107703 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16789 of 2025 Applicant :- Monish And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Vikas Singh Counsel for Opposite Party :- G.A.,Shiv Shankar Sachan Hon'ble Vikas Budhwar,J. 1. Heard Shri Vikas Singh, learned counsel for the applicants and Sri S.P. Singh, learned State Law Officer for the State as well as Shri Shiv Shankar Sachan, counsel for the opposite party no. 2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned summoning order dated 24.08.2023, passed in Complaint Case No. 09 of 2022 (Crl. Case No. 131 of 2023), Smt. Rekha Devi Versus Monish and another, under Sections 354, 323, 504, 506 I.P.C. and 7/8 POCSO ACT, 2012 P.S. Kadaura, District- Jalaun and also quash the entire proceedings of aforesaid case pending in the court of Additional District and Session Judge/Special Judge POCSO Act Jalaun at Orai. 3. Learned counsel for the applicants submits that a complaint was lodged on 05.10.2022 by the opposite party No. 2 being the complainant against applicants who are two in number under Sections 354, 323, 504, 506 I.P.C. and 7/8 POCSO ACT, 2012 with an allegation that the victim aged about 15 years is a student of class-X and on 02.08.2022, the daughter of the complainant, victim when she was returning from her college to her house then in the midway, near temple, the applicants herein came on the way and they started exhibiting indecent behaviour and molesting her and when the daughter of the opposite party no.2, victim made hue and cry then onlookers and the villagers came there and witnessing the same and the confronting with the same, they ran away. The said incident came to be reported by the victim to the complainant and when the same was apprised and further complaint with then the applicants herein extended threats. A complaint was also lodged to the police but nothing happens thus proceedings under Section 156 Cr.P.C. was initiated. Statement of the complainant under Section 200 Cr.P.C. and of the victim under Section 202 Cr.P.C. was recorded and thereafter the applicants came to be summoned under Sections 354, 323, 504, 506 I.P.C. and 7/8 POCSO ACT, 2012. 4. Learned counsel for the applicants has submitted that the parties have themselves compromised out of the Court on 31.03.2025 (Annexure-5 at page 32) and onwards reference whereof has been made in paragraph no. 11 of the application. Learned counsel for the applicants seeks to rely upon the decision of the coordinate Bench of this Court in Akash Singh v. State of U.P. and another; 2023 0 Supreme (All) 840 so as to contend that the proceedings can be quashed. 5. Learned AGA as well as counsel appearing for the opposite party No. 2 do not dispute the said fact, according to them, a direction be given to the court below to verify the compromise. 6. I have heard learned counsel for the parties and gone through the records carefully. 7. Apparently, as per the allegations contained in the complaint, the applicants have tried to exhibit indecent behavior and also molested the statements of the complainant under Section 200 Cr.P.C. and of the victim under section 202 Cr.P.C. and the nature of the allegations do not portray that there was any physical injury in that regard. Further the Court finds that the age of the victims at the time of the commission of the offences is 15 to 16 years and they were young boys. 8. Looking into the facts that already the parties have entered into compromise inclusive of the complainant as well as the victim and there happens to be no dispute between the parties and also bearing in mind the judgment in the case of Akash Singh (supra), the application stands disposed of in the following manner: a). The applicants (parties) shall submits the compromise application and a self-attested copy of the present application and certified copy of the order passed today by 25.07.2025. b). On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification in accordance with law. 9. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of Complaint Case No. 09 of 2022 (Crl. Case No. 131 of 2023), Smt. Rekha Devi Versus Monish and another, under Sections 354, 323, 504, 506 I.P.C. and 7/8 POCSO ACT, 2012 P.S. Kadaura, District- Jalaun and also quash the entire proceedings of aforesaid case pending in the court of Additional District and Session Judge/Special Judge POCSO Act, Jalaun at Orai. 10. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 8.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad