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2025 DAILYLAW 49089 (ALL)

RASHID AND 7 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14501/2025 · 2025-05-05

Rajeev Misra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72555 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 14501 of 2025 Applicant :- Rashid And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. Shashi Kumar Mishra, the learned counsel for applicants and the learned A.G.A. for State/opposite party-1. Perused the record. Applicant- Rashid and 7 others who are charge sheeted accused and have now been summoned by Court below have approached this Court by means of present application under section 528 BNSS with the following prayer: " It is, therefore, most respectfully prayed that the Hon'ble Court may graciously be pleased to quash the impugned order dated 24.03.2025 passed by learned Chief Judicial Magistrate, Etah as well as entire criminal proceedings of Case No. 13713/2022 arising out of Crime No. 445 of 2020 Under Section 147, 323, 452, 354-B, 506, 376, 511 IPC, Police Station Kotwali Nagar, District Etah on the basis of compromise dated 15.02.2023 vide paper no. 9A/1, pending before learned Chief Judicial Magistrate, Etah. It is further prayed that further proceedings of the above noted case be stayed during the pendency of present case before this Hon'ble Court to meet the ends of justice, otherwise the applicants will suffer an irreparable loss and injury. " It transpires from record that during pendency of case before Chief Judicial Magistrate, Etah, an application dated 15.2.2023 was filed by first informant/opposie party-2 with the prayer that since the parties have entered into a compromise, therefore the proceedings of aforementioned criminal case pending against applicant be terminated in the light of compromise entered into by the parties. The said application was supported by an affidavit of opposite party-2. However, aforesaid application was rejected by Court below vide order dated 24.3.2025. Thus feeling aggrieved by the above order dated 24.3.2025, applicants have now approached this Court by means of present application. At the very outset, the learned A.GA. submits that in view of law laid down by Supreme Court in Rampal Vs. State of Haryana, AIR online 2019 SC 1716, that there can be no compromise in matters relating to rape and sexual assault, this compromise application dated 15.2.2023 filed by first informant/opposite party- 2 before Court below was highly misconceived. In view of above, no illegality has been committed by Court below in passing the order impugned. As such, no interference is warranted by this Court in present application. When confronted with above, the learned counsel for applicant could not overcome the same. Having heard the learned counsel for applicants, the learned A.G.A. for State and upon perusal of record, this Court finds that the preliminary objection raised by the learned A.G.A. in opposition to this application is clearly borne out from the record and furthermore the same could not be dislodged by the learned counsel for applicants, with reference to the record. As such, no good ground exists to entertain the present application. In view of above, this application fails and is liable to be dismissed. It is accordingly dismissed. Order Date :- 6.5.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad