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Neutral Citation No. - 2025:AHC:58651 Court No. - 70 Case :- APPLICATION U/S 482 No. - 2732 of 2025 Applicant :- Ganesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Singh Chauhan,Virendra Singh Chauhan Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Avinash Singh Chauhan, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Ganesh, who is a charge sheeted accused and facing trial before Court below, 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 quash the entire proceeding of the Session Trail No. 306 of 2020 (Government Versus Ganesh) arising out of Case Crime No. 927 of 2019 Under Sections 366, 376 of I.P.C. Police Station Kavi ,District Chitrakoot pending before Learned Additional Session Judge Fast Track Court District Chitrakoot in terms of Compromise dated 27.10.2021 between the parties. and/or pass such other and further order which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the applicants shall suffer irreparable loss and injury."
4. Learned counsel for applicant submits that during pendency of aforementioned Sessions Trial, parties amicably settled their dispute outside the Court. On the basis of settlement so arrived at between the parties, a compromise was entered into. Subsequently, the terms of compromise were reduced to writing by way of a compromise deed dated 27.10.2021. The said compromise deed was thereafter filed before Court below as is evident from the document occurring at page 59 of the paper book i.e. the list of documents filed before Court below on behalf of accused before Court below. 5. On the above premise, the learned counsel for applicant submits that since the dispute between the parties is a private dispute and not a crime against state, therefore, the impugned proceedings are liable to be quashed by this Court. In view of the compromise entered into by the parties, the chances of conviction of accused applicant is not only remote but also bleak. As such, no useful purpose shall be served in prolonging the criminal prosecution of applicant.
On the above premise, the learned counsel for applicant submits that the trial would only entail loss of judicial time in a futile pursuit particularly when torrents of litigation drown the Courts with an unimaginable flood of dockets. As such, the present application is liable to be allowed and the entire proceedings of above-mentioned Sessions Trial are liable to be quashed by this Court. 6. Per contra, the learned A.G.A. for State-opposite party-1 has vehemently opposed the present application. Learned A.G.A. contends that offence complained of relates to rape and sexual assault. In view of the law laid down by Apex Court in Rampal Vs. State of Haryana, AIR Online 2019 SC 1716 that there can be no compromise in matters of rape and sexual assault. As such, the compromise entered into by the parties is of no consequence. He, therefore, submits that present application is liable to be dismissed. 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-opposite party-1 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 :- 21.4.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad