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2025 DAILYLAW 46161 (ALL)

MANMOHAN v. STATE OF U.P. AND ANOTHER

A482/33115/2022 · 2025-02-06

Samit Gopal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:18423 Court No. - 78 Case :- APPLICATION U/S 482 No. - 33115 of 2022 Applicant :- Manmohan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A.,Santosh Kumar Singh Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Manish Kumar Singh, Advocate holding brief of Sri B.N. Singh, Sri Ajay Kishore Shukla, learned counsel for the State and perused the records. 3. Sri Santosh Kumar Singh, learned counsel for the opposite party no. 2 is not present even in the revised list. 4. The present application under Section 482 Cr.P.C. has been filed by the applicant- Manmohan with the prayer to quash the entire prosecution case of Criminal Case No. 44 of 2018 (State of U.P. vs. Manmohan) in Case Crime No. 179 of 2018, under Section 363, 366, 323, 506 I.P.C. and 7/8 POCSO Act, Police Station Kotwali Orai, District Jalaun, pending in the Court of Special Judge POCSO Act, Jalaun at Orai. 5. In compliance of the Court's order dated 10.11.2022 and 23.11.2022, the trial court concerned has verified the compromise entered into between the parties and sent compliance report dated 29.11.2022 to this Court which is on record. 6. Learned counsel for the applicant submits that he does not intend to file any supplementary affidavit. He further submitted that since the compromise between the parties have been verified by the trial court concerned vide order dated 29.11.2024, the proceedings of the present case be quashed. 7. 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. 8. Learned counsel for the State opposed the prayer for quashing. 9. Be that as it may, the law as has been culled out by the Apex Court in matters of such nature. 10. 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. 11. 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. 12. The present petition is devoid of any merits and is accordingly, rejected. 13. Interim order, if any, stands vacated. 14. Office is directed to communicate this order to the concerned court within three weeks from today. 15. Pending application (s), if any, shall stand disposed of. (Samit Gopal,J.) Order Date :- 6.2.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad