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2025 DAILYLAW 103995 (ALL)

MAHAVEER SINGH v. STATE OF U.P. AND 3 OTHERS

A482/34312/2024 · 2025-01-01

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:703 Court No. - 71 Case :- APPLICATION U/S 482 No. - 34312 of 2024 Applicant :- Mahaveer Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.,Satya Prakash Singh Hon'ble Rajeev Misra,J. Heard Mr. Pramod Kumar Pandey, the learned counsel for applicant, the learned A.G.A. for State and Mr. Satya Prakash, the learned counsel representing first informant-opposite party no.2. Perused the record. Applicant Mahaveer Singh who is a charge-sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer :- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this present application and quash the entire proceeding as well as charge sheet dated 23.10.2023 and cognizance order dated 17.11.2023 passed by Additional District and Session Judge/Special Judge (POCSO Act), Bijnor in Session Case No.2379 of 2023 (State Vs. Mahveer Singh) arising out of Case Crime No.579 of 2023 Under Section 376AB I.P.C. Section 5M/6 POCSO Act Police Station-Syohara, District- Bijnor, Pending in the court of Special POCSO, Bijnor, on the basis of the compromise. It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Session Case No.2379 of 2023 (State Vs. Mahveer Singh) arising out of Case Crime No.579 of 2023 Under Section 376AB 1.P.C. Section 5M/6 POCSO Act Police Station-Syohara, District-Bijnor, Pending in the court of Special POCSO, Bijnor,otherwise the applicant shall irreparable loss and injury. And/or to pass such other and further order as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." At the very outset, the learned counsel for applicant submits that during pendency of aforementioned criminal proceedings, the parties amicably settled the dispute outside the court. On the basis of settlement so arrived at between the parties, a compromise was entered into by the parties. Subsequently the terms of the compromise were reduced to writing. Copy of same is on record at page-51 of the paper-book. On the above premise, the learned counsel for the applicant submits that the present application is liable to be allowed. Per contra, learned A.G.A. for the State opposite party no.1 has vehemently opposed the present application. Learned A.G.A. contends that in view of the law laid down by the Apex Court in the case of State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021, no compromise can be entered into by the parties in proceedings under the POCSO Act. As such the proceedings of aforementioned criminal case cannot be terminated in view of the compromise entered into by the parties. Learned A.G.A. thus contends that present application is therefore liable to be dismissed. When confronted with above, the learned counsel for the applicant could not overcome the same. Having heard the learned for the applicant, the learned A.G.A. for State, the learned counsel representing first informant and upon perusal of the record, this court finds that the objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record. Furthermore, the same could not be dislodged by learned counsel for the applicant with reference to the record. As such no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly, dismissed. Order Date :- 2.1.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad