Court No. - 69

Case :- APPLICATION U/S 482 No. - 1824 of 2023

Applicant :- Rinku Urf Anuj

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Uttam Kumar

Counsel for Opposite Party :- G.A.

Hon'ble Samit Gopal,J.

Sri Parmeshwar Yadav, learned Advocate, has filed

his Vakalatnama on behalf of opposite party no. 2

today in Court, which is taken on record.

List revised.

Heard Sri Uttam Kumar, learned counsel for the

applicant, Sri Raj Kumar Gupta, learned counsel for

the State, Sri Parmeshwar Yadav, learned counsel

for opposite party no. 2 and perused the record.

This application under Section 482 Cr.P.C. has been

filed by the applicant with the prayer to allow this

application and quash the charge-sheet dated

11.5.2017, cognizance order dated 29.5.2017 and

entire proceedings of Special Trial No. 32 of 2017,

arising out of Case Crime No. 0122 of 2017, under

Sections 363, 366, 507 IPC and 8 POCSO Act,

Police Station Thathiya, District Kannauj and with

further prayer that further proceedings of the

aforesaid case, charge-sheet and cognizance order

be stayed during the pendency of the present

application.

Learned counsel for the applicant while placing

Annexure-4 to the affidavit has argued that the

parties have entered into compromise which has

been drawn between them dated 03.01.2023 and

as such the proceedings be quashed.

Learned counsel for opposite party no. 2 does not

dispute the said fact.

Per contra, learned counsel for the State while

opposing the present application argued that the

offences in the matter are non-compoundable. The

age of the victim as per FIR has been stated to be

14 years. The investigation has been concluded

and charge-sheet has been submitted.

It is argued that although compromise has been

entered into between the parties but it will not

enable the compounding of the matter as the

same is non-compoundable and even the same

cannot be compounded as per the settled

principles of law and the guidelines issued by the

Apex Court in various cases.

After having heard learned counsel for the parties

and perused the record, it is evident that the FIR

lodged under Sections 363, 366, 507 IPC and

Section 8 of POCSO Act, the matter was

investigated and the charge-sheet under said

sections were filed before the Trial Court on which

the Trial Court took cognizance and summoned the

accused vide order dated 29.5.2017. The accused

applicant Rinku alias Anuj although has been

enlarged on bail and the trial in the matter has

started in which statement of PW-1 was recorded

which despite giving opportunity for cross

examination was not cross examined and the

same was closed on 17.7.2018 after which the said

witness was recalled on payment of some charges

but the said charges were not deposited and as

such vide order dated 25.9.2018 the said

opportunity was closed after which further

statements of two witnesses were recorded. The

same shows that the trial is under progress. The

proceedings on the basis of compromise cannot be

quashed as the matter is non-compoundable.

The present application under Section 482 Cr.P.C.

is devoid of merit and is dismissed.

Order Date :- 18.1.2023

Puspendra

(Samit Gopal, J.)

Digitally signed by :-

PUSPENDRA NARAYAN SINGH

High Court of Judicature at Allahabad