Neutral Citation No. - 2025:AHC:77068 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 7542 of 2025 Applicant :- Rashid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Mohd. Aslam, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Rashid, who is a named as well as charge sheeted accused and facing trial before Court below, 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 this Hon'ble Court may graciously be that pleased to quash the entire proceeding of Case No.1657 of 2015, State Versus Rashid (Arising out of Case Crime No.322 of 2005), Under Section 452,376 I.P.C. Police Station Khatauli, District Muzaffar Nagar as well as cognizance order dated 18.06.2005 passed by Chief Judicial Magistrate, Muzaffar Nagar. It is further prayed that this Hon'ble Court may kindly be pleased to proceeding of Case No.1657 stay the further of 2015, State Versus Rashid (Arising out of Case Crime No.322 of 2005), Under Section 452,376 I.P.C. Police Station Khatauli, District Muzaffar Nagar, pending in the court of Civil judge (Jr.Div), Fast Track Court No.2, Muzaffar Nagar, during the pendency of the present criminal misc. application, otherwise the applicant shall suffer an irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper under the fact and circumstances of the case." 4. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that present application has been filed after expiry of a period of 19 years, 10 month and few days from the date of cognizance taking order dated 18.06.2005. As such, present application is hopelessly barred by delay/latches. Since delay/latches in filing present application have not been sufficiently explained, therefore, no interference is warranted by this Court in present application As such, present application is liable to be dismissed on the ground of delay/latches. 5. When confronted with above, the learned counsel for applicant submits that parties have entered into a compromise. Since, parties have entered into a compromise, therefore, the delay/latches in filing the present application is of no consequence. As such, preliminary objection raised by the learned A.G.A. is liable to be rejected by this Court. 6. Having heard the learned counsel for applicant, the learned A.G.A. for State-opposite party-1, and upon perusal of record, this Court finds that the delay in filing present application is sought to be explained by contending that since parties have entered into a compromise therefore, the delay if any filing the present application is liable to be ignored. However, the Apex Court in the case of Rampal Vs. State of Haryana, AIR Online 2019 SC 1716, has clearly observed that there can be no compromise in matters relating to rape and sexual assault. In view of above the compromise if any, entered into by the parties is of no consequence. As such, no benefit can be claimed by the applicant on the basis of compromise entered into by the parties. In fact the compromise entered into by parties is misconceived for the reason mentioned above. In view of above, no good ground exists to entertain the present application. 7. As a result, the present application fails and is liable to be dismissed. 8. It is, accordingly, dismissed. Order Date :- 8.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad