Hon’ble Rahul Chaturvedi, J.—Heard Sri Kandarp Srivastava and Kaustubh Srivastava counsel for the applicants, Shri D.K. Shukla, counsel for the opposite party No. 2 and learned A.G.A. for the State and perused the records of the case.

2. By means of instant 482 Cr.P.C. application, the applicants Nitin Singhal and Ruchi Singhal are jointly assailing the summoning order dated 25.10.2017 and entire criminal prosecution against them under Sections 384, 293, 294 I.P.C. and Sections 11, 12, 17 and 18 of POCSO ACT 2012 pending in the Court of Additional Sessions Jude, Court No. 17, Agra in Criminal Case No. 2070/2017 Inre: State v. Nitin Singhal and others with the prayer to quash the same in the light of the settlement agreement between the contesting parties dated 14.11.2017 annexed as Annexure No. 4 to the affidavit.

3. The present criminal prosecution against the applicants started rolling after lodging of the F.I.R. dated 19.8.2017 for the alleged incident said to have taken place on 15.8.2017 registered as Case Crime No. 620/2017 under Section 384 I.P.C. and 7/8 POCSO ACT, 2012 by opposite party No. 2 Prashant Kumar of Agra. The prosecution story as culled out from the F.I.R. are as follows :

The informant’s minor son Ronit is subject of sexual abuse, assault and was blackmailed by the accused/applicants. The informant is a silversmith at Agra doing his business as manufacturer of silver ornaments. His 15 years old son was mentally perturbed from last few days. When his wife inquired from that boy then he revealed that his teacher Nitin Singhal-applicant No. 1, where he used to visit for tuition purpose sexually assaulting/abusing him and blackmailing him for long time. Not only this, in the stage of intoxication, the accused persons have taken his obscene photographs and videos, started blackmailing him. On the account of this blackmail, the minor boy Ronit started stealing money and other valuables from his residence and handing over the same to the accused persons. He was regularly shown obscene and pornographic films and in this process, Ruchi and Anjali use to force him to prepare the said videos. The F.I.R. Is vivid and elaborate description of the distasteful incident which need not to be mentioned for the purposes of adjudication of this case.

4. On the reading of the F.I.R., it is clear that a minor lad of 15 years was subject of this cruel, obscene and impure treatment by none other than his own teacher, where he use to visit for tuition purposes. Keeping in view his tender age and the sacrosanct relationship of teacher and taught, the present case is not only, outrageous but also caustic to taste.

5. After registering the case, the police has started investigating into the matter and after collecting the sufficient material, has submitted charge-sheet on 26.9.17 under Section 384, 293, 294 I.P.C. and under Section 11, 12, 17 and 18 of the POCSO ACT against Nitin Singhal and Ruchi Singhal relying on the statements of Prashant Kumar, Ronit (the victim), Vikas Kumar Verma as witnesses of fact besides other formal witnesses. The learned Additional Sessions Judge on 25.10.2017 has taken cognizance of the aforementioned offences, fixing 24.11.2017 for framing of the charge.

6. The order-sheet shows that prior to date fix i.e. 24.11.2017, on 14/15.11.2017, a settlement was arrived at between the complainant as well as accused persons with the help and aid of some seniors of the society, (panchs) which is being annexed as Annexure No. 4 to the affidavit. I have got an opportunity to go through the contents of the above mentioned settlement. Its para-2 reads as under:

^^;g fd mijksDr izdj.k esa lekt ds izfrf"Br O;fDr;ksa }kjk dh x;h iapk;r esa izFke i{k }kjk ntZ djk;h x;h fjiksVZ dh ckor nksuksa i{kksa dk fookn nwj djk fn;k gS ftlds pyrs izFke i{k }kjk iapksa ds le{k ;g vk'oklu fn;k x;k fd og f}rh; i{k ds fo:) fdlh izdkj dh dksbZ fof/kd dk;Zokgh ugha djuk pkgrk gS vkSj uk gh U;k;ky; esa eqdnek pykuk pkgrk gSA**

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