Chheda Lal vs State Of U.P. And Another
2023 Latest Caselaw 9214 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 65
 
Case :- APPLICATION U/S 482 No. - 10267 of 2023
 
Applicant :- Chheda Lal
 
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 30.12.2014 submitted in Case Crime No. 690 of 2014 under Sections 354B, 452, 323, 504, 506 IPC and Section 8 POCSO Act, Police Station-Bahedi, District-Bareilly, the Cognizance Taking Order/Summoning Order dated 04.07.2015 passed by Additional District and Sessions Judge/Special Judge, Court No.-11, Bareilly in Case No. 264 of 2015 (State Vs. Chheda Lal) under Sections 354B, 452, 323, 504, 506 IPC and Section 8 POCSO Act, Police Station-Bahedi, District-Bareilly, as well as the entire proceedings of aforementioned criminal case now registered as Criminal Case No. 22 of 2020 (State Vs. Chheda Lal) 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 the legality of the compromise entered into by the parties. Referring to 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 arising out of the POCSO Act. As such, the compromise entered into by the parties is illegal. Resultantly, the proceedings of aforementioned criminal case cannot be quashed on the basis of the compromise entered into by the parties. He, therefore, submits that no indulgence by granted by this Court in favour of appliant.

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

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

It is accordingly dismissed.

Order Date :- 28.3.2023

Vinay