Prakash Pandey And Another vs State Of U.P.And Another
2022 Latest Caselaw 9942 ALL

Citation : 2022 Latest Caselaw 9942 ALL
Judgement Date : 11 August, 2022

Allahabad High Court

Prakash Pandey And Another vs State Of U.P.And Another on 11 August, 2022

Bench: Rajeev Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 80
 

 
Case :- APPLICATION U/S 482 No. - 8269 of 2022
 

 
Applicant :- Prakash Pandey And Another
 
Opposite Party :- State Of U.P.And Another
 
Counsel for Applicant :- Arun Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. Arun Kumar Singh, the learned counsel for applicants and the learned A.G.A. for State.

Perused the record.

This application under section 482 Cr.P.C. has been filed challenging charge sheet dated 4.4.2019, submitted in Case Crime No. 1015 of 2018 under sections 354-A, 354-D, 506 IPC read with Section 7/8 POCSO Act, Police Station- Naubasta, District Kanpur Nagar as well as the entire proceedings of S.S.T. No. 852 of 2019 (State Vs. Prakash Pandey and Another) under sections 354-A, 354-D, 506 IPC read with Section 7/8 POCSO Act, Police Station- Naubasta, District Kanpur Nagar now pending in the Court of Additional District Judge, Court No.22, Kanpur Nagar on the basis of compromise entered into by the parties on 18.1.2022.

Present application came up for admission on 27.6.2022 and this Court passed the following order:

"This is a case arising out of POCSO Act.

Arun Kumar Singh, learned counsel for the applicants submits that there is a compromise between the parties. However, victim is not a party to the alleged compromise.

Learned counsel for the applicants seeks and is granted time to place on record the judgment that in a case arising out of POCSO Act even in the absence of consent of victim, a compromise could be entered by her guardians.

Put up as fresh in the First Week of August, 2022.

Meanwhile, learned A.G.A. shall also communicate the victim about this case and to take instructions in this regard. "

At the very outset, learned A.G.A. submits that in view of law laid down by Apex Court in Rampal Vs. State of Haryana, AIR online 2019 SC 1716, no compromise is permissible in cases of rape and sexual assault. Consequently, proceedings of above-mentioned case cannot be quashed on the basis of compromise.

When confronted with above, learned counsel for applicant could not overcome the same.

In view of above, present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 11.8.2022

Arshad