Neutral Citation No. - 2025:AHC:31743 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 3904 of 2025 Applicant :- Mohd Ashkar Alias Ashkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shaafi,Shibli Naseem Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Supplementary affidavit filed by the learned counsel for applicant in Court today, is taken on record. 2. Heard Mr. Mohd. Irfan, Advocate, holding brief of Mr. Mohd. Shaafi, the learned counsel for applicant and the learned A.G.A. for State. 3. Perused the record. 4. Applicants- Mohd Ashkar Alias Ashkar, who are charge sheeted accused and facing trial before Court below have approached this Court by means of present application under Section 528 BNSS, with the following prayer:- "It is therefore most respectfully prayed that this Hon,ble Court may graciously be pleased to allow this application and quash the Chargesheet dated 22.11.2024 (Chargesheet No. 423/2024) as well as summoning order dated 10.1.2025 passed by the Additional Chief Judicial Magistrate, Court No.1, Moradabad in Criminal Case No. 521 of 2025 (State Vs. Aashkar) under Section-64(1), 78, 351(3) B.N.S.. Police Station-Bhojpur, District-Moradabad arising out of Case Crime No.459 of 2024, pending in the court of Learned the Additional Chief Judicial Magistrate, Court No.1, Moradabad in view/terms of the compromise dated 2.1.2025 entered into between the applicant Aashkar with opposite party No.2/First informant of the present case. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No. 521 of 2025 (State Vs. Aashkar) under Section-64(1), 78, 351(3) B.N.S., Police Station-Bhojpur, District-Moradabad arising out of Case Crime No.459 of 2024, pending in the court of Learned the Additional Chief Judicial Magistrate, Court No.1, Moradabad in view/terms of the compromise dated 2.1.2025 entered into between the applicant Aashkar with opposite party No.2/First informant during the pendency of the present criminal misc. application otherwise the Applicant shall suffer an irreparable loss and injury. And/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 5. At the very outset, the learned A.G.A. has raised a preliminary objection with regard to the maintainability of the compromise entered into by the parties. Learned A.G.A. next 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 that there can be no compromise in matters of rape and sexual assault. As such, the compromise entered into by the parties is of no consequence. He, therefore, submits that present application is liable to be dismissed. 6. When confronted with above, the learned counsel for applicants could not overcome the same. 7. Having heard the learned counsel for applicants, the learned A.G.A. for State, the learned counsel representing first informant opposite party-2 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 with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 4.3.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad