Ramswaroop v. Rajveer Sonu and others), Under Section

1. Heard Sri Shailesh Kumar Mishra learned counsel for the applicants and Sri S.P. Singh learned State Law Officer for the State and Sri Vinay Kumar Mishra, learned counsel for the opposite party no.2.

2. This is an application filed under Section 482 of the Cr.P.C. for quashing impugned summoning order dated 22.10.2024 passed by the Court of learned Special Judge, (POCSO Act), Auraiya in Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya as well as entire proceeding of Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya, pending in the Court of learned Special Judge, (POCSO Act), Auraiya.

3. The case of the applicants is that a complaint was lodged by the opposite party no.2 against the applicants with an allegation that on 11.2.2023 at 2.30 p.m. the minor daughter of opposite party no.2 aged about 13 years was sitting on the gate of the house then the applicants therein started molesting her and when the wife of the opposite party no.2 protested the same before the father of the applicant no.2 then the applicants herein with the aid of fist and legs assaulted and hurled abuses pursuant whereto the clothes of the victim were torn. Post lodging of the complaint and after recording of the statements under Sections 200 and 202 Cr.P.C. the applicant no.1 was summoned under Sections 323, 504 IPC and the applicants no. 2 and 354, 323, 504 I.P.C. and Section 7/8 POCSO Act. Thereafter parties entered into compromise and this Court on 23.6.2025 proceeded to pass the following order:-

1. Heard learned counsel for the applicants, Shri Vinay Kumar Mishra, learned 2 A482 No. 43646 of 2024 counsel for the opposite party no.2 and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed praying for quashing of summoning order dated 22.10.2024 as well as the entire proceedings of Complaint Case No. 191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), under Sections- 354, 323, 504 I.P.C., and Section 7/8 POCSO Act, Police Station- Achalda, District- Auraiya, pending in the court of learned Special Judge, (POCSO Act), Auraiya.

3. Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

4. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.

5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

6. List after two months.

7. Till then no coercive measure shall be taken against the applicants in the aforesaid case.

4. There is an office report dated 27.7.2025 mentioning therein that as per the report of the Additional District & Sessions Judge/Special Judge (POCSO) Act dated 8.8.2025 the compromise has been verified.

5. Learned counsel for the applicants has sought to rely upon the judgement in the Application U/S 528 BNSS No.14052 of 2025, Akash Vs. State of U.P.

6. Learned counsel for the applicants submits that once the parties have entered into compromise and the same stood verified by the court below then the parties do not want to prosecute the said proceedings thus the proceedings be quashed.

7. Learned AGA as well as the counsel for the opposite party no.2 do not dispute the said fact according to them the compromise shall stands verified and there is nothing to be proceeded.

8. Looking into the over all facts situation bearing in mind that the fact that the parties have entered in to compromise which have been verified pursuant to the order passed by this Court and further the parties want to 3 A482 No. 43646 of 2024 live peacefully and they do not intend to prosecute the proceedings and the nature of allegations sought to be levelled and applying the principles of law as laid down on the judgment on the said subject the proceedings are liable to be quashed.

9. Accordingly, the application is allowed.

10. The proceedings of summoning order dated 22.10.2024 passed by the Court of learned Special Judge, (POCSO Act), Auraiya in Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya as well as entire proceeding of Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya, pending in the Court of learned Special Judge, (POCSO Act), Auraiya is quashed. September 10, 2025 piyush (Vikas Budhwar,J.) PIYUSH KUMAR High Court of Judicature at Allahabad

1. Heard Sri Shailesh Kumar Mishra learned counsel for the applicants and Sri S.P. Singh learned State Law Officer for the State and Sri Vinay Kumar Mishra, learned counsel for the opposite party no.2.

2. This is an application filed under Section 482 of the Cr.P.C. for quashing impugned summoning order dated 22.10.2024 passed by the Court of learned Special Judge, (POCSO Act), Auraiya in Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya as well as entire proceeding of Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya, pending in the Court of learned Special Judge, (POCSO Act), Auraiya.

3. The case of the applicants is that a complaint was lodged by the opposite party no.2 against the applicants with an allegation that on 11.2.2023 at 2.30 p.m. the minor daughter of opposite party no.2 aged about 13 years was sitting on the gate of the house then the applicants therein started molesting her and when the wife of the opposite party no.2 protested the same before the father of the applicant no.2 then the applicants herein with the aid of fist and legs assaulted and hurled abuses pursuant whereto the clothes of the victim were torn. Post lodging of the complaint and after recording of the statements under Sections 200 and 202 Cr.P.C. the applicant no.1 was summoned under Sections 323, 504 IPC and the applicants no. 2 and 354, 323, 504 I.P.C. and Section 7/8 POCSO Act. Thereafter parties entered into compromise and this Court on 23.6.2025 proceeded to pass the following order:-

1. Heard learned counsel for the applicants, Shri Vinay Kumar Mishra, learned 2 A482 No. 43646 of 2024 counsel for the opposite party no.2 and learned A.G.A. for the State.

2. The present 482 Cr.P.C. application has been filed praying for quashing of summoning order dated 22.10.2024 as well as the entire proceedings of Complaint Case No. 191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), under Sections- 354, 323, 504 I.P.C., and Section 7/8 POCSO Act, Police Station- Achalda, District- Auraiya, pending in the court of learned Special Judge, (POCSO Act), Auraiya.

3. Learned counsel for the applicants submits that since the charge sheet has been issued, the parties have reconciled their differences and a compromise has been entered between them which has been reduced in writing.

4. Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the compromise.

5. Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed and be permitted to file an application for verification of the original compromise document. It is expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order with respect to the verification within a period of two months from today. Upon due verification, the court below may pass appropriate order in that regard and send a report to this Court.

6. List after two months.

7. Till then no coercive measure shall be taken against the applicants in the aforesaid case.

4. There is an office report dated 27.7.2025 mentioning therein that as per the report of the Additional District & Sessions Judge/Special Judge (POCSO) Act dated 8.8.2025 the compromise has been verified.

5. Learned counsel for the applicants has sought to rely upon the judgement in the Application U/S 528 BNSS No.14052 of 2025, Akash Vs. State of U.P.

6. Learned counsel for the applicants submits that once the parties have entered into compromise and the same stood verified by the court below then the parties do not want to prosecute the said proceedings thus the proceedings be quashed.

7. Learned AGA as well as the counsel for the opposite party no.2 do not dispute the said fact according to them the compromise shall stands verified and there is nothing to be proceeded.

8. Looking into the over all facts situation bearing in mind that the fact that the parties have entered in to compromise which have been verified pursuant to the order passed by this Court and further the parties want to 3 A482 No. 43646 of 2024 live peacefully and they do not intend to prosecute the proceedings and the nature of allegations sought to be levelled and applying the principles of law as laid down on the judgment on the said subject the proceedings are liable to be quashed.

9. Accordingly, the application is allowed.

10. The proceedings of summoning order dated 22.10.2024 passed by the Court of learned Special Judge, (POCSO Act), Auraiya in Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya as well as entire proceeding of Complaint No.191 of 2023 (Ramswaroop Vs. Rajveer @ Sonu and others), Under Section 354, 323, 504 I.P.C. and Section 7/8 POCSO Act against the applicant no.1 and Under Section 323, 504 I.P.C. against the applicant no.2 and 3, Police Station Achalda, District Auraiya, pending in the Court of learned Special Judge, (POCSO Act), Auraiya is quashed. September 10, 2025 piyush (Vikas Budhwar,J.) PIYUSH KUMAR High Court of Judicature at Allahabad