Neutral Citation No. - 2025:AHC:43491 Court No. - 70 Case :- APPLICATION U/S 482 No. - 44929 of 2024 Applicant :- Rizwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajat Agarwal,Virpratap Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Virpratap Singh, Advocate holding brief of Mr. Rajat Agarwal, the learned counsel for applicant, the learned AGA for State-opposite party-1 and Mr. Brij Raj Singh, Advocate, who has put in appearance on behalf of opposite party-2 (prosecutrix) by filing his Vakalatnama in Court today which is taken on record. 2. Perused the record. 3. Applicant- Rizwan who is a charge-sheeted accused and facing trial before court below has approached this Court by means of present application under Section 482 CrPC with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to :- 1. Quash the entire proceedings of Sessions Case (SC) No: 57 of 2020 (State versus Rizwan), under sections- 452, 376, 506 of Indian Penal Code, 1860 and sections- 3/4 of Protection of Children From Sexual Offences Act, 2012, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Court No.2, Moradabad, arising out of case crime number- 0472 of 2017, registered at Police Station- Bilari, District- Moradabad, on the basis of compromise, made between the parties. 2. Stay the entire proceedings of Sessions Case (SC) No: 57 of 2020 (State versus Rizwan), under sections- 452, 376, 506 of Indian Penal Code, 1860 and sections- 3/4 of Protection of Children From Sexual Offences Act, 2012, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Court No.2, Moradabad, arising out of case crime number 0472 of 2017, registered at Police Station-Bilari, District- Moradabad, during pendency of the present criminal misc. application, under section- 482 of the Code of Criminal Procedure, 1973, before this Hon'ble Court. 3. And/or pass such other and further order, which this Hon'ble Court deems fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer with irreparable loss and injury." 4. Learned counsel for applicant submits that during pendency of aforementioned criminal case, 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 compromise so entered into by the parties were reduced in writing. Accordingly, an application dated 04.10.2024 was jointly filed by the parties before court below praying therein that in view of the compromise entered into by the parties, the proceedings of aforementioned criminal case be terminated. Copy of the aforesaid application is on record and is at Page-163 of the paper-book. 5. On the above premise, the learned counsel for applicant submits that once the parties have entered into a compromise, no useful purpose shall now be served in prolonging the criminal prosecution of applicant. In view of the compromise entered into by the parties, the chances of conviction of accused applicant is not only remote but also bleak. He, therefore, submits that the present application be allowed and the impugned proceedings be quashed. At this stage, the Court raised a pointed query as to whether the said application has been filed before the court below or not? 6. Learned counsel for the applicant fairly submits that the said application has not yet been filed before court below. 7. Apart from above, the Apex Court in the Case of State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021, has observed that proceedings under the POCSO Act cannot be terminated on the basis of the compromise entered into by the parties. As such, no effective relief can be granted by this Court in the present application. 8. When confronted with above, the learned counsel for applicant could not overcome the same. 9. Having heard the learned counsel for applicant, learned AGA for State-opposite party-1, the learned counsel representing the prosecutrix/opposite party-2 and upon perusal of record, this Court finds that since the compromise entered into by the parties has not been filed before court below, therefore, there is nothing on record to conclusively conclude that the compromise entered into by the parties has been acted upon. Apart from above, in view of the prohibition issued by the Supreme Court in aforementioned judgement, the proceedings of the concerned criminal case cannot be terminated by this Court in view of the compromise, if any, entered into by the parties. As such, no good ground exist to entertain the present application. 10. In view of above, this application fails and is liable to be dismissed. 11. It is accordingly, dismissed. Order Date :- 24.3.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad