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Neutral Citation No. - 2025:AHC:10325 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44375 of 2024 Applicant :- Haneef And 4 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. J.B. Singh, the learned counsel for applicants and the learned A.G.A. for State. 2. Perused the record. 3. Applicants- Haneef And 4 Others, who are charge sheeted accused, have 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 application Quash the entire proceeding of Session Taial No. 1267 of 2012 (State Vs. Haneef & others) arising out of Case crime No. 233 of 2012 U/S- 376(2)G, 364, 506 I.P.C. Police Station- Bramhpuri, District- Meerut as well as impugned Charge Sheet dated 25-09-2012 & 11-12-2012 submitted against the applicants on the basis of compromise dated 08-11-2024. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Session Taial No. 1267 of 2012 (State Vs. Haneef & others) arising out of Case crime No. 233 of 2012 U/S- 376(2)G, 364, 506 I.P.C. Police Station- Bramhpuri, District- Meerut against the applicants pending before Additional Session Judge/ Fast Track Court Meerut during the pendency of present application. And or may pass such other and further order/ orders which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. Otherwise applicants shall suffer irreparable loss and injury."
4. Learned counsel for applicants submits that though applicants are named and charge sheeted accused and facing trial in aforementioned Sessions Trial but in view of subsequent
developments that have taken place between the parties, the impugned criminal proceedings cannot be sustained and are therefore, liable to be quashed by this Court. In furtherance of above submission urged by the learned counsel for applicants it was pointed out that during pendency of aforementioned Sessions Trial, the parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise was entered into.
Subsequently, the terms of the compromise were reduced in writing by way of compromise deed dated 08.11.2024, copy of which is on record at page 31 of the paper book. The said compromise is further supported by the affidavits of Smt. Sabista and Javed
5. At this juncture, the Court raised a pointed query as to whether the said compromise has been filed before Court below or not. 6. Learned counsel for applicant fairly submits that said compromise deed has not yet been filed before Court below. 7. However, the learned A.G.A. has vehemently opposed the present application. Learned A.G.A. contends that offence complained of relates to rape and sexual assault. In view of the law laid down by Apex Court in Rampal Vs. State of Haryana, AIR Online 2019 SC 1716, there can be no compromise in matters of rape and sexual assault. He, therefore, submits that present application is liable to be dismissed. 8. When confronted with above, the learned counsel for applicants could not overcome the same. 9. Having heard the learned counsel for applicants, the learned A.G.A. for State, and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are not only borne out from the record, but furthermore the same could not be dislodged by the learned counsel for applicants. In view of above, no good ground exists to entertain the present application. 10. As a result, the present application fails and is liable to be dismissed. 11. It is, accordingly, dismissed. Order Date :- 21.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad