Sompal Maurya vs State Of U.P. And Another
2023 Latest Caselaw 9094 ALL

Citation : 2023 Latest Caselaw 9094 ALL
Judgement Date : 28 March, 2023

Allahabad High Court

Sompal Maurya vs State Of U.P. And Another on 28 March, 2023

Bench: Rajeev Misra




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 
Case :- APPLICATION U/S 482 No. - 10390 of 2023
 
Applicant :- Sompal Maurya
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Anand Priya Singh
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Rajeev Misra,J.

Heard Mr. Anand Priya Singh, the learned counsel for applicant and the learned A.G.A. for State.

Perused the record.

Challenge in this application under Section 482 Cr.P.C. is to the charge sheet dated 23.12.2014 submitted in Case Crime No.689 of 2014, under Sections 354B, 452, 323, 324, 504, 506 I.P.C. and Section 3(i)(xi) SC/ST Act read with Section 8 of Protection of Children From Sexual Offences Act, the cognizance taking order/summoning order dated 04.07.2015 partly allowed by Additional District and Sessions Judge/Special Judge, Court No.11, Bareilly in Case No.124 of 2021 (State Vs. Sompal Maurya), under Sections 354-B, 452, 323, 504, 506 I.P.C. and Section 8 of POCSO Act, Police Station Bahedi, District Bareilly as well as entire proceedings of aforementioned case now pending in the Court of Additional District and Sessions Judge, Court No.11, Bareilly in view of the compromise entered into by the parties.

At the very outset the learned A.G.A. has raised a preliminary objection with regard to maintainability of compromise entered into between the parties in aforementioned criminal case. Referring to the judgment of Supreme Court in S.L.P. (Criminal) Diary No.24362 of 2021 State of Kerala Vs. Hafsal Rahman N.K. decided on 03.12.2021.

Learned A.G.A. submits that no compromise ban be entered into by the parties in proceedings under the POCSO Act. As such compromise entered into between the parties is manifestly illegal. He, therefore, submits that the entire proceedings of above-mentioned criminal case cannot be quashed on the basis of compromise entered into between the parties. As such no indulgence be granted by this Court in favour of applicant.

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

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

It is accordingly dismissed.

Order Date :- 28.3.2023

Atul