Neutral Citation No. - 2025:AHC:9811 Court No. - 71 Case :- APPLICATION U/S 482 No. - 44351 of 2024 Applicant :- Nitin Kumar Saroj Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ajit Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Ajit Kumar Pathak, the learned counsel for applicant, the learned A.G.A. for State and Mr. Suman Kumar Tiwari, the learned counsel representing victim opposite party-3. 2. Perused the record. 3. At the very outset, the learned A.G.A. submits that notice of present application has been served upon opposite party-2-Rakesh Saroj on 19.12.2024. However, in spite of service of notice upon opposite party-2 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. However, Mr. Suman Kumar Tiwari, the learned counsel representing victim opposite party-3 submits that first informant opposite party-2 died on 08.03.2024. 4. Applicant- Nitin Kumar Saroj 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 quash the entire proceeding of Special Session Trial No.47/2019 (State Versus Nitin Saroj) arising out of Case Crime No.60/2018 Under Section 363, 366, 506, 376-D Indian Penal Code and 3/4 POCSO (Protection of Children From Sexual Offence)-1 Act, Police Station- Maharajganj, District-Jaunpur pending in the court of Additional Session Judge/ POCSO (Protection of Children From Sexual Offence)-I Act, Jaunpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Special Session Trial No.47/2019 (State Versus Nitin Saroj) arising out of Case Crime No.60/2018 Under Section 363, 366, 506, 376-D Indian Penal Code and 3/4 POCSO (Protection of Children From Sexual Offence)-I Act, Police Station-Maharajganj, District-Jaunpur pending in the court of Additional Session Judge/ POCSO(Protection of Children From Sexual Offence)-I Act, Jaunpur during the pendency of present application before this Hon'ble Court." 5. Learned counsel for applicant submits that during pendency of aforementioned criminal case, applicant and prosecutrix amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise was entered into. Subsequently, in view of the compromise entered into by the parties a joint application was filed by the parties before Court below praying therein that proceeding of above-mentioned criminal case be compounded. Aforesaid application was supported by the independent affidavits of applicant and the prosecutrix. 6. At this juncture, the learned A.G.A. has raised a preliminary objection by submitting that the proceedings of above-mentioned criminal case which relates the offence of rape/sexual assault cannot be terminated on the basis of compromise.To buttress his submissions, the leraned A.G.A. has relied upon the judgment of Surpeme Court in Rampal Vs. State of Haryana, AIR Online 2019 SC 1716 and on basis thereof, he, contends that present application is liable to be dismissed. 7. When confronted with above, the learned counsel for applicant could not overcome the same. 8. Having heard the learned counsel for applicant, the learned A.G.A. for State, the learned counsel representing victim opposite party-3 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 applicant. In view of above, no good ground exists to entertain the present application. 9. As a result, the present application fails and is liable to be dismissed. 10. It is, accordingly, dismissed. Order Date :- 21.1.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad