Neutral Citation No. - 2025:AHC:22383 Court No. - 71 Case :- APPLICATION U/S 482 No. - 34161 of 2024 Applicant :- Hradesh Kushwaha Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pt. S.P. Sharma Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. Heard Mr. S.P. Sharma, the learned counsel for applicant, the learned A.G.A. for State/opposite party-1 and Mr Archana Maurya, the learned counsel representing first informant opposite party-2. Applicant- Hardesh Kushwaha, who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. 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 charge sheet dated 01.04.2023 bearing Charge Sheet No. 139 of 2023 including entire proceedings of the Case No. 637 of 2023 (State vs. Hradesh Kushwaha) arising out of Case Crime No. 136 of 2023, under section 376 I.P.C. and Section 4 (2) Protection of Children From Sexual Offences Act, Police Station Mauranipur, District Jhansi, pending in the Court of Additional District and Sessions Judge/Special Judge (Pocso Act) Jhansi as well as cognizance order dated 31.05.2023 passed by District and Sessions Judge/Special Judge (Pocso Act) Jhansi in the aforesaid case. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceeding of Case No. 637 of 2023 (State vs. Hradesh Kushwaha) arising out of Case Crime No. 136 of 2023, under section 376 I.P.C. and Section 4 (2) Protection of Children From Sexual Offences Act, Police Station Mauranipur, District Jhansi, pending in the Court of Additional District and Sessions Judge/Special Judge (Pocso Act) Jhansi during pendency of present application before this Hon'ble Court so that justice may be done, otherwise the applicant shall suffer irreparable loss and injury. And/or pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." Present application came up for admission on 2.1.2025 and this Court passed the following order: Heard Pt. S.P. Sharma, the learned counsel for applicant, the learned A.G.A. for State and Mr. Aditya Dwivedi, Advocate holding brief of Ms. Archana Maurya, the learned counsel representing first informant-opposite party-2. Learned counsel for the applicant submits that the parties have entered into a compromise. A joint compromise application has been filed by the parties. Along with the said application, the compromise entered into by the parties has also been appended. Since the compromise entered into by the parties has yet not been filed before the court below, therefore, the original compromise, copy of which is on record as Annexure S.A.1 to the joint compromise application be returned to the learned counsel for the applicant after obtaining a photocopy of the same, to be kept on record. After the said document has been returned the same shall be filed by the applicant before the court below and the applicant shall obtain a certified copy of the same and bring it in record by means of a supplementary affidavit. Matter shall accordingly reappear as fresh on 27.01.2025. In compliance of above order, the parties have filed original compromise before Court below which fact has been brought on record by means of supplementary affidavit dated 1.2.2025. At the very outset, the learned A.G.A. has raised a preliminary objection by contending that the compromise entered into by the parties is a compromise simpliciter. Referring to the judgement of Supreme Court in Rampal Vs. State of Haryana, AIR online 2019 SC 1716 wherein it has been held that no compromise can be made in cases relating to rape and sexual assault, the learned A.G.A. contends that the impugned proceedings therefore cannot be quashed on the basis of compromise entered into by the parties. Further reference has been made to the judgement of Supreme Court in State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021 wherein it has been held that no compromise can be made in proceedings under the POCSO Act. As such, the compromise entered into by the parties is of no relevance. He, therefore contends that present application is liable to be dismissed. When confronted with above, the learned counsel for applicant could not overcome the same. In view of above, present application fails and is liable to be dismissed. It is accordingly dismissed. It is however provided that in case the applicant and the prosecutrix solemnize marriage, then in view of the law laid down by Apex Court in K. Dhandapani Vs. State by the Inspector of Police, 2022 SCC OnLine SC 1056, and Mafat Lal and Another Vs. State of Rajasthan, (2022) 6 SCC 589, applicant shall be at liberty to approach this Court again, as such, an application would be maintainable in view of the law laid down by Apex Court in Superintendent and Remembrancer of legal affairs West Bengal Vs. Mohan Singh and others, 1975 (3) SCC 706 the second application under section 482 Cr.P.C. would be maintainable. Thus on the happening of aforesaid eventuality, applicant will be at liberty to approach this Court again by filing a fresh application under section 482 Cr.P.C. Order Date :- 17.2.2025 Arshad Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad