Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:102031 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20165 of 2025 Applicant :- Vinod Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Manish Kumar Datta,Ram Jatan Yadav Counsel for Opposite Party :- G.A.,Shailesh Kumar Yadav Hon'ble Vikas Budhwar,J.
1. Heard Shri Ram Jatan Yadav, learned counsel for the applicant and Sri S.K. Singh, learned AGA for the State as well as Shri Shushil Kumar Maurya (A/S 0107/2025) holding brief of Shri Shailesh Kumar Yadav, counsel for opposite party no. 2. 2. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage. 3. This application under Section 528 BNSS has been filed by the applicant to quash the Non-Bailable-Warrant dated 24.04.2025 issued by Additional Sessions Judge/Special Judge, POCSO Act, Court No.29, Agra and summoning order dated 09.01.2019 issued by Special Judge (POCSO Act)/VIII Additional Sessions Judge, Agra as well as entire proceeding of Complaint Case No. 04 of 2017 (Smt. Nirmala Devi Vs. Vinod and others) Under Section 354 I.P.C. and Section 7/8 Protection of Children from Sexual Offences Act, 2012, Police Station- New Agra, District- Agra pending before the Court of Additional Sessions Judge-29, Agra. 4. Learned counsel for the applicant has submitted that proceedings under Section 156(3) of the Cr.P.C. stood initiated by
the opposite party no. 2 against the applicant with an allegation that the husband of the opposite party no. 2 was gifted a property. However, the applicant herein being furiated and not happy with the same, created hindrances and obstacles and thereafter committed offences under Section 354 IPC read with Section 7/8 of the POCSO Act. Learned counsel for the applicant submits that only bald and general allegations have been levelled and further the victim was also not subjected to any medical legal examination. He further submits that now compromise has been entered into between the parties on 21.03.2025 and has been filed before the Court of Additional Sessions Judge/Special Judge, POCSO Act, Court No.29, Agra in complaint case no. 04 of 2017, a copy whereof is annexure-4 at page 46 of the paper book, reference whereof has been made in paragraph no. 11 of the application.
Learned counsel for the applicant submitted that the said compromise was not verified and rather to the contrary, the compromise came to be rejected by the Court of Additional Sessions Judge/Special Judge, POCSO Act, Court No.29, Agra by virtue of the order dated 24.04.2015. Learned counsel for the applicant submits that once the parties have themselves entered into compromise then there happens to be no occasion to further proceed with the matter, particularly, when the victim was not subjected to any medical examination. Reliance has been placed upon the Application U/S 582 BNSS No. 14052 of 2025 decided on 12.05.2025, Application U/S 482 No. 116 of 2021 decided on 12.01.2024, Application U/S 482 No. 38228 of 2023 decided on 20.05.2024, Application U/S 482 No. 6802 of 2024. 5. Learned AGA as well as counsel appearing for the opposite party no. 2 do not dispute the said fact. However, the counsel for the opposite party no. 2 submits that already a compromise has
been submitted but it has been illegally rejected, according to him, the order rejecting the compromise be set aside and matter be remitted back to the court below to verify the compromise. 6. Considering the submissions made by the learned counsel for the parties as well as stand taken by them and bearing in mind the fact that already a compromise has been entered into between the parties . 7. The order dated 24.04.2025 passed by the Court of Additional Sessions Judge/Special Judge, POCSO Act, Court No.29, Agra is set aside. 8. Matter stands remitted back to the court below to verify the compromise in accordance with law. 9. For facilitating early disposal, the party shall furnish the certified copy of the order before the court below by 18.07.2025 and the court below shall proceed to decide the said proceeding with most expedition. 10. Needless to point out that the Court has not adjudicated upon the merits of the case. 11. Accordingly, the application stands disposed of.
Order Date :- 1.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad