Neutral Citation No. - 2025:AHC:72581 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 12887 of 2025 Applicant :- Kamlesh Verma Alias Chhotu Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Satish Chandra Yadav,Shiv Bahadur Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Shiv Bahadur Yadav, the learned counsel for applicant, the learned AGA for State-opposite party-1 and Mr. Satish Chandra Yadav, the learned counsel representing first informant-opposite party-4 as well as the victim-opposite party-5. 2. Perused the record. 3. Applicant- Kamlesh Verma Alias Chhotu, 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 528 BNSS with the following prayer: "It is, therefore most respectfully prayed the Hon'ble to court may graciously quash the entire proceeding be of that pleased Session Trial No.773 of 2021 (State Vs. Kamlesh Verma @ Chotu) arising out of Case Crime No.308 of 2021, under Section 363, 366 and 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Kotwali, District-Jhansi pending in the Court of Special Judge, POCSO Act, Jhansi, in term of compromise entered between the parties. It is further prayed that this Hon'ble Court may graciously be pleased to stay the entire proceeding of Session Trial No.773 of 2021 (State Vs. Kamlesh Verma @ Chotu) arising out of Case Crime No.308 of 2021, under Section 363, 366 and 376 I.P.C. and Section 3/4 POCSO Act, Police Station-Kotwali, District-Jhansi pending in the Court of Special Judge, POCSO Act, Jhansi, in term of compromise entered between the parties, during the pendency of the present case before this Hon'ble Court, otherwise the Applicant shall suffer irreparable loss and injury. And/or pass such other and further order which this Hon'ble Court may deem fit and proper in the interest of justice." 4. Learned counsel for applicant submits that during pendency of aforesaid Sessions Trial parties, amicably settled their dispute outside the Court. On the basis of settlement so arrived at by the parties, a compromise was entered into. Subsequently, the terms of the compromise were reduced in writing by way of a compromise deed dated 22.03.2025. The original compromise deed has been brought on record and has been appended as Annexure-5 to the affidavit filed in support of present application. 5. On the above premise, learned counsel for applicant submits that since the dispute between the the parties is a purely private dispute and not against society and parties have amicably settled their dispute outside the Court, therefore, no useful purpose shall now be served in prolonging the criminal prosecution of applicant. in view of the compromise entered into between the parties, the chances of conviction of applicant are now not only remote but also bleak. It is thus urged by the learned counsel for applicant that the present application is thus liable to be allowed and the impugned proceedings pending against applicant before Court below are, therefore, liable to be quashed by this Court. 6. Per contra, the learned AGA representing State/opposite party-1 has vehementally opposed the present application. According to the learned AGA offence complained of against applicant is not only illegal but also immoral. Infact, it is a crime against society. Learned AGA submits that no compromise is permissible in proceedings under the POCSO Act by reason of the judgment of Supreme Court in State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021. It is further submitted by the learned AGA that compromise entered into by the parties has not yet been filed before court below. As such, there is no such material on record on the basis of which it can be conclusively concluded that the parties have entered into a compromise. On the above conspectus, the learned AGA thus submits that no indulgence be granted by this Court in favour of applicant in present application. 7. When confronted with above, the learned counsel for applicant could not overcome the same. 8. Having heard the learned counsel for applicant, the learned A.G.A. for State 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 applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 9. As a result, the present application fails and is liable to be dismissed. 10. It is, accordingly, dismissed. Order Date :- 6.5.2025 R.S. Tiwari Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad