Neutral Citation No. - 2025:AHC:13174 Court No. - 78 Case :- APPLICATION U/S 482 No. - 45247 of 2023 Applicant :- Akshayvar Gupta And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Kundan Mishra Counsel for Opposite Party :- G.A.,Satendra Kumar Hon'ble Samit Gopal,J. 1. List revised. 2. Heard Sri Kundan Mishra, learned counsel for the applicants, Sri Satendra Kumar, learned counsel for the opposite party no.2 and Sri Ram Prakash Shukla, learned counsel for the State and perused the material brought on record. 3. This application under Section 482 Cr.P.C. has been filed by the applicants- Akshayvar Gupta, Viddyawati Devi and Gautam, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 27.11.2015 & summoning order dated 13.09.2017 in Special Trial No. 69 of 2017 (State Vs. Akshayvar) arising out of Case Crime No. 1479 of 2014, under Sections 323, 324, 354-A, 452, 504, 506 I.P.C. & 8 POCSO Act, Police Station Bhatni, District Deoria, pending in the court of Additional Sessions Judge / Special Judge, POCSO Act, Court No.1, Deoria, with a further prayer that proceeding of the aforesaid case including the N.B.W. dated 23.03.2023 be stayed. 4. The argument which is being pressed by learned counsel for the applicants for quashing of the proceedings of the present case is only on the ground that the parties have entered into compromise and looking to the same, the present application under Section 482 Cr.P.C. be allowed and the proceedings as pending before the court concerned / trial court be quashed. It is submitted that the pendency of the proceedings and the continuation of the same would have no fruitful purpose since the parties have entered into compromise. 5. Learned counsel for the State opposed the prayer for quashing. 6. After having heard the learned counsels for the parties and perusing the record, it is evident that the applicant and other co-accused persons are the accused in a case under various sections of Indian Penal Code and even for offences under the POCSO Act. 7. 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. 8. 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. 9. The present petition is devoid of any merits and is accordingly, dismissed. 10. Interim order, if any, stands vacated. 11. Office is directed to communicate this order to the concerned court within three weeks from today. 12. The trial court is directed to proceed expeditiously. 13. After this order was passed, learned counsel for the applicants states that the applicants be permitted to appear before the trial court within a period of two weeks from today and file a regular bail application. 14. Learned counsel for the State has no objection of aforesaid arguments of learned counsel for the applicants. 15. It is directed that if the accused-applicants appear and apply for bail before the court concerned within two weeks from today, the same shall be considered and decided in accordance with law. Order Date :- 24.1.2025 AS Rathore (Samit Gopal,J.) Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad