Allahabad High Court
Neelam Kumari vs State Of U.P. And 3 Others on 28 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:150810
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 21253 of 2025
Court No. - 75
HON'BLE VIKAS BUDHWAR, J.
1. Heard Atul Kumar Singh, Advocate (AOR No.A/A-1559/12) holding brief of Sri S.S. Kaithal, learned counsel for the applicant, learned AGA for the State and Sri Dheeraj Kumar, Advocate (AOR No.A/D-1085/23) holding brief of Sri I.P. Tiwari, learned counsel for the opposite party no.2.
2. This application under Section 528 BNSS has been filed by the applicant to quash the entire proceeding of Complaint Case No. 645 of 2022 (Smt. Neelam Vs. Sonu and others) U/s 452, 354, 506 I.P.C. and 7/8 POCSO Act, Police Station Linepar, District Firozabad, as well as summoning order dated 08.12.2022 and compromise rejection order dated 03.01.2025 passed by Additional District & Session Judge,/Additional Special Judge, POCSO Act, Court No. 1, Firozabad on the basis of compromise dated 31.05.2024.
3. Learned counsel for the applicant has submitted that the proceedings under Section 156(3) Cr.P.C. was lodged by the opposite party no.2, who happens to be the mother of the victim on 8.4.2022 with an allegation that on 5.3.2022 at 6.00 p.m. the applicant herein barged into the house of the opposite party no.2 when the victim who is 14 years old and he tried to molest and hurled abuses and committed assault. Post recording of the statements under Section 200 & 202 of the Cr.P.C. the applicant came to be summoned on 8.12.2022 under Sections 452, 354, 506 IPC read with Section 7/8 of the POCSO Act. Thereafter the compromise application came to be preferred on 31.5.2024 Annexure-5 at page 30 of the paper book reference whereof has been made in para 9 of the application for verification. However, the court below by virtue of the order dated 3.1.2025 did not verify the same compromise on the ground that the offences not compoundable.
4. Questioning both the orders, the present application has been preferred.
5. Learned counsel for the applicant has submitted that once the parties have entered into compromise and nothing remains to be further then the court below was not justified in rejecting the application for verifying the compromise particularly when the parties do not want to proceed with the matter he submits that though the applicant has been summoned under Sections 452, 354, 506 IPC read with Section 7/8 of the POCSO Act but the allegations are referable to molestation, hurling abuses and assault but there is no injury report and further the victim was not subjected to medical examination. He seeks to rely upon the decision of the Hon'ble coordinate Bench of this Court in Akash Singh vs. State of U.P. and another 2023 (5) ALLLJ 19 and Akash vs. State of U.P. and another in Application U/S No.528 BNSS No.14052 of 2025 decided on 12.5.2025. He submits that the order be passed by the court below to verify the compromise.
6. Learned AGA as well as the counsel appearing for the opposite party no.2 submits that they have no objection in case the compromise stands verified by the court below.
7. Having heard the submissions so made across the bar and bearing the mind the fact that the parties have entered into the compromise and looking into the nature of the allegations as well as in the judgment in Akash Singh (supra) and Akash (supra) it would be interest of the justice to pass an order for verification of the compromise.
8. Accordingly the application is being decided in the following manner:-(a) the order dated 3.1.2025 passed by the Additional District & Session Judge,/Additional Special Judge, POCSO Act, Court No. 1, Firozabad in Complaint Case No. 645 of 2022 (Smt. Neelam Vs. Sonu and others) is set aside; (b) the applicant (parties) shall file self-attested copy of the present application along with certified copy of the order passed today by 12.9.2025. On the said motion the court below shall verify the compromise strictly 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. 645 of 2022 (Smt. Neelam Vs. Sonu and others) U/s 452, 354, 506 I.P.C. and 7/8 POCSO Act, Police Station Linepar, District Firozabad, as well as summoning order dated 08.12.2022 and compromise rejection order dated 03.01.2025 passed by Additional District & Session Judge,/Additional Special Judge, POCSO Act, Court No. 1, Firozabad on the basis of compromise dated 31.05.2024.
10. In the event of default of any of the conditions by the applicant 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.
August 28, 2025
piyush
