Fareed And 3 Others vs State Of U.P. And Anothers
2023 Latest Caselaw 7208 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 

 
Case :- APPLICATION U/S 482 No. - 7235 of 2023
 

 
Applicant :- Fareed And 3 Others
 
Opposite Party :- State Of U.P. And Anothers
 
Counsel for Applicant :- D.M.Tripathi
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rajeev Misra,J.

Heard Mr. D.M. Tripathi, the learned counsel for applicants, the learned A.G.A. for State and Mr. Shiv Tiwari, Advocate, holding brief of Mr. Rahul Tiwari, the learned counsel representing first informant-opposite party 2, who has put in appearance by filing his Vakalatnama in Court today, which is taken on record.

Perused the record.

Challenge in this application under Section 482 Cr.P.C. is to the entire proceedings of Sessions Case No. 878 of 2021 (State VS. Farid and Others) under Sections 452, 352, 324, 354, 323, 506 IPC and Sections 7/8 POCSO Act, Police Station-Dilari, District-Moradabad now pending in the court of Special Judge, POCSO Act, Court No.-1, Moradabad in view of compromise entered into by the parties.

Learned counsel for applicants submits that during the pendency of above-mentioned special case, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise deed was drawn. The same is supported by the affidavit of Kasim Ali, first informant-opposite party 2 as well as Smt. Sabnum, the prosecutrix. On the above premise, the learned counsel for applicants submits that since the dispute between the parties is a private dispute and not a crime against society and the parties have amicably settled their dispute on the basis of compromise, therefore, the entire proceedings of aforementioned special case are liable to be quashed by this Court.

At the very outset, the learned A.G.A. has raised a preliminary objection with regard to the maintainability of present application. Placing reliance upon the judgment of Supreme Court in State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021, he submits that no compromise can be entered into by the parties in proceedings under the POCSO Act.

In view of above, compromise entered into by the parties is wholly misconceived. The proceedings of above-mentioned special case, therefore, cannot be quashed on the basis of compromise entered into by the parties. It is thus urged that applicants do not deserve any indulgence by this Court.

When confronted with above, the learned counsel for applicants could not over come the same.

As a result, present application fails and is liable to be dismissed.

It is accordingly dismissed.

Order Date :- 13.3.2023

Vinay