Neutral Citation No. - 2025:AHC:32860 Court No. - 78 Case :- APPLICATION U/S 482 No. - 9571 of 2024 Applicant :- Saheed Ansari Alias Moh Sayeed Ansari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Yadav,Bheshaj Puri Counsel for Opposite Party :- G.A.,Sarvesh Pandey Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Bheshaj Puri, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the State, Sri Sarvesh Pandey, learned counsel for the opposite party no.2 and perused the records. 2. The present application under Section 482 Cr.P.C. has been filed by the applicant- Saheed Ansari Alias Moh Sayeed Ansari, with the prayer to allow the present application and quash the entire proceeding of S.S.T. No. 569 of 2020 arising out of Case Crime No. 223 of 2020 under Section 376 IPC and 3/4 POCSO Act, Police Sttion Dildarnagar, District Ghazipur and with a further prayer that proceedings of the aforesaid case be stayed, during the pendency of the present application. 3. In paragraph no. 17, it is submitted that the applicant has performed Nikah with the victim on 6.10.2023 and now both the applicant and victim are residing happily as husband and wife. It is submitted that in view of the same, the proceedings between the parties be quashed. 4. Learned counsel for the applicant has relied upon the order of the Apex Court in the K. Dhandapani Vs. State By the Inspector of Police, 2022 SCC OnLine SC 1056 (Criminal Appeal No. 796 of 2022 decided on 9.5.2022) and has submitted that the Apex Court has in similar circumstances set aside the conviction and sentence of the appellant therein. 5. Learned counsel for the applicant relies upon an order dated 10.04.2023 passed by a co-ordinate Bench of this Court in Crl. Misc. Application 482 Cr.P.C. No. 832 of 2017 (Gireesh @ Vikas Vs. State of U.P. and another) : 2023:AHC:76048 and submits that in an identical circumstances, the said Bench has quashed the criminal proceedings of the case. 6. Learned counsel for the State opposed the prayer for quashing. 7. Be that as it may, the law has been culled out by the Apex Court in matters of such nature. 8. In so far as the order of the Apex Court in the case of K. Dhandapani (supra) is concerned, the same cannot be applied to the facts of the present case since the Apex Court while exercising its power under Article 142 of the Constitution of India passed the said order and further has specifically observed that the said order shall not be treated as a precedent. 9. In so far as the proceedings under the POCSO Act is concerned, the same cannot be quashed in view of the judgement of the Apex Court in the case of In Re: Right to Privacy of Adolescents [Suo Motu Writ Petition (C) No. 3 of 2023] decided on 20.08.2024 paragraph 22, 23 & 23.1. Further, the Apex Court in the case of Ramji Lal Bairwa & Another Vs. State of Rajasthan & Others: [Criminal Appeal No. 3403 of 2023 @ SLP (Crl.) No. 12912 of 2022] decided on 07.11.2024 held that offence under the POCSO Act is heinous offence and not of private nature and hence the same cannot be quashed on the basis of compromise. Further, this Court in the case of Sanjeev Kumar Vs. State of U.P. and 03 Others: Neutral Citation No. - 2024:AHC:56128 in Application U/S 482 9169 of 2024 has also observed that offence under the POCSO Act cannot be quashed on the basis of compromise. 10. Looking to the facts of the matter, the limited argument on behalf of the applicant and the judgements of the Apex Court in the case of In Re: Right to Privacy of Adolescents (supra), Ramji Lal Bairwa & Another (supra) and Sanjeev Kumar (supra), as the proceedings of the present case are under the POCSO Act also, the same cannot be quashed. 11. The present petition is devoid of any merits and is accordingly, rejected. 12. Interim order, if any, stands vacated. 13. Office is directed to communicate this order to the concerned court within three weeks from today. 14. Pending application (s), if any, shall stand disposed of. Order Date :- 28.2.2025 Kumar Manish (Samit Gopal,J.) Digitally signed by :- MANISH TRIPATHI High Court of Judicature at Allahabad