Court No. - 71 Case :- APPLICATION U/S 482 No. - 40052 of 2024 Applicant :- Akash Ahirwar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. B.K. Sharma, the learned counsel for applicant and the learned A.G.A. for State. At the very outset, the learned A.G.A. submits that notice of this application has been served upon first informant/opposite party-2 on 18.10.2024. However, inspite of service of notice, neither any counter affidavit has been filed by first informant/opposite party-2 nor anyone has put in appearance on his behalf to oppose this application even in revised call. Applicant Akash Ahirwar 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 the present 482 application and quash the entire proceeding of Special Session case no. 957 of 2024 (State Vs. Akash Ahirwar) pending in the Court of Additional District and Session Judge Court/Special Judge(POCSO) Jhansi arising out Case Crime no. 0171 of 2024, Under Section 376, 506 of Indian Penal Code and Section 3/4 POCSO Act, Police Station - Kotwali, District Jhansi on the basis of affidavit/compromise settled between the parties dated 06.8.2024. And/or, other and further order be passed which the Hon'ble Court may deem fit and proper in the fact and circumstance of the case." Learned counsel for applicant submits that during pendency of aforesaid proceedings parties amicably settled their dispute outside the Court. On the basis of settlement arrived at by the parties, a compromise was entered into. Subsequently, the compromise entered into by the parties was reduced to writing. The photocopy of the compromise deed dated 6.8.2024 is on record as Annexure-4 to the affidavit filed in support of present application. At this stage, the Court raised a pointed query as to whether the said compromise has been filed before Court below or not. Learned counsel for applicant fairly submits that the said compromise has not been filed before Court below. Apart from above, the compromise entered into between the parties is a simplicitor compromise. The Apex Court in the case of Rampal Vs. State of Haryana, AIR online 2019 SC 1716 has held that there can be no compromise in matters relating to rape and sexual assault. In view of above the prayer prayed for is legally not sustainable. As such, present application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 13.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad