Neutral Citation No. - 2025:AHC:54783 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 11024 of 2025 Applicant :- Phoolchandr Kushawaha @ Chhotu Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A.,Mayank Maurya Hon'ble Rajeev Misra,J. 1. Heard Mr. Sunil Kumar Kushwaha, the learned counsel for applicant, the learned A..G.A. for State-opposite party-1 and Mr. Mayank Maurya, the learned counsel representing opposite parties-2 and 3. 2. Perused the record. 3. Applicant-Phoolchandr Kushawaha @ Chhotu, who is a charge sheeted accused and facing trial before court below, has 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 entire proceeding of Session Case No. 1329 of 2023, (State Versus Phoolchandr Kushawaha @ Chhotu) arising out of Case Crime No. 464 of 2023, Under Section-363, 366, 376, 342 I.P.C., Police station-Mauranipur, District- Jhansi, Pending before Additional District & Session Judge/F.T.C./C.A.W. Jhansi, and further be please to quash the cognizance/summoning order dated 27.10.2023 passed in the aforesaid case, on the basis of compromise done between the parties. It is further prayed that this Hon'ble court may graciously be pleased to stay the further proceeding of the aforesaid case, during the pendency of the present application before this Hon'ble Court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the present case, otherwise the applicant shall suffer irreparable loss and injury." 4. At the very outset, the learned counsel for applicant submits that during the pendency of aforementioned sessions case, parties amicably settled their dispute outside the court. On the basis of settlement arrived at between the parties, a compromise was entered into. Subsequently, the terms of the compromise entered into by the parties was reduced in writing by way of a compromise deed dated 08.05.2024 The copy of the compromise deed has been brought on record as Annexure 8 to the affidavit filed in support of this application. In view of the compromise entered into by the parties, an application dated 01.02.2025 was jointly filed by the parties before court below praying therein that criminal proceedings of aforementioned sessions case be terminated in view of the compromise entered into by the parties. He further submits that in view of the compromise entered into by the parties, the chances of conviction of accused/applicant are not only remote but also bleak. He therefore submits that no useful purpose shall be severed in prolonging the criminal prosecution of applicant. As such, the impugned criminal proceedings are liable to be quashed by this Court. 5. Per contra, the learned A.G.A. representing State-opposite party- 1 has vehemently opposed this application. Learned A.G.A. submits that in view of the prohibition issued by the 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. As such, the compromise entered into by the parties is meaningless. He therefore contends that no benefit can be derived by the parties from the compromise entered into by the parties. As such, present application is liable to be dismissed. 6. On the other hand, Mr. Mayank Maurya, the learned counsel representing opposite parties-2 and 3 does not oppose this application. He submits that he has received instructions not to oppose the present application. It is further admitted by the learned counsel representing opposite parties 2 and 3 that the parties have amicably settled their dispute outside the court and on basis there of, a compromise application has been filed before court below praying therein that the proceedings of aforementioned sessions case be terminated in view of the compromise entered into by the parties. 7. Be that as it may, having heard the learned counsel for applicant, the learned A.G.A. for State, Mr. Mayank Mauarya, the learned counsel representing opposite parties 2 and 3 and upon perusal of record this Court finds that in view of the judgement of Apex Court in Rampal (supra), the compromise entered into by the parties cannot be relied upon by this Court for quashing the proceedings in present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is accordingly dismissed. Order Date :- 15.4.2025 YK Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad