In an application under Section 482 Cr.P.C., the applicant sought quashing of rape and POCSO proceedings on the basis of a compromise. The court dismissed the application, noting that for serious offences against a minor and society, proceedings cannot be quashed post-framing of charges.
Application for quashing criminal proceedings was dismissed.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 43367 of 2019
Applicant :- Sanjay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.,D.K.S.Chandel
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed on behalf of applicant annexing therewith statement of the prosecutrix recorded under Section 164 Cr.P.C. and her medical report is taken on record.
Heard Sri Babul Kumar Sharma, learned counsel for the applicant, Sri D.K.S.Chandel, learned counsel for opposite party no.2 as well as the learned A.G.A. and perused the material placed on record.
This application under Section 482 Cr.P.C. has been filed for quashing entire proceeding of Special Case No.958 of 2019 (State Versus Sanjay) arising out of Charge-sheet dated 28.04.2019 in Case Crime No.43 of 2019 under Sections 363, 366, 344, 376 I.P.C. and Section 3/4 of POCSO Act, Police Station Poonch, District Jhansi, pending in the court of Additional Session Judge/Special Judge (POCSO Act), Court No.4, Jhansi.
Sri D.K.S.Chandel, learned counsel for the opposite party no.2 has filed short counter affidavit stating therein that both the parties have entered into a compromise, therefore, entire proceeding of Special Case No.958 of 2019 (State Versus Sanjay) pursuant to the compromise dated 31.10.2019 between the parties may be quashed.
Learned A.G.A. has pointed out that charges have been framed and the prosecutrix has fully supported the prosecution case in her statement recorded under Section 164 Cr.P.C. and since charges have been framed, the applicant has to face trial and the proceedings cannot be quashed on the basis of the compromise especially in the present case being a gang-rape case. In view of the proposition of law laid down by Hon'ble Apex Court that when the prosecutrix is minor and has fully supported the prosecution version of rape being serious offence against individual and the society, the High Court shall refrain itself from quashing the proceeding.
The application under Section 482 Cr.P.C. is bereft of merit and it is, accordingly, dismissed.
Order Date :- 10.12.2019 MN/-
1 issue framed by the court
Whether the criminal proceedings for rape and POCSO offences can be quashed based on a compromise between the parties after charges have been framed?
1 provisions across 1 enactments
Sanjay
State of U.P.
Another
Rajul Bhargava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
