Application under Section 482 Cr.P.C. to quash charge sheet and proceedings in a POCSO case based on a compromise. Court allowed an objection that compromise in POCSO proceedings is not maintainable, dismissing the application without further scrutiny.
Application dismissed; proceedings not quashed.
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Court No. - 65 Case :- APPLICATION U/S 482 No. - 7661 of 2023
Applicant :- Zishan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Prasad Mishra Counsel for Opposite Party :- G.A.,Ashutosh Tripathi
Hon'ble Rajeev Misra,J.
Heard Mr. A.P. Mishra, the learned counsel for applicant and the learned A.G.A. for State, and Mr. Ashutosh Tripathi, the learned counsel for opposite party-2.
Supplementary affidavit filed by learned counsel for applicant in Court today, is taken on record.
Challenge in this application under section 482 Cr.P.C. is to the charge sheet dated 11.11.2022, submitted in Case Crime No. 187 of 2022, under Sections 323, 354 B IPC and Section 7/8 POCSO Act, Police Station- Hafizpur, District Hapur, Cognizance Taking Order/Summoning Order dated 20.12.2022, passed by Special Judge, POCSO Act in Sessions Trial No. 187 of 2022 (State Vs. Zishan) under section 323, 354 kha IPC and Section 7/8 POCSO Act, Police Station- Hafizpur, District Hapur, as well as the entire proceedings of aforementioned Sessions Trial in view of the compromise entered into by the parties on 21.1.2023.
At the very outset, the learned A.G.A. has raised a preliminary objection with regard to maintainability of compromise in proceedings under the POCSO Act. Placing reliance upon judgement of Supreme Court in State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021 he submits that no compromise can be entered into by the parties in proceedings under the POCSO Act.
In view of above, compromise entered into by the parties, cannot be considered for quashing the proceedings of aforesaid sessions trial. As such, present application is misconceived and are liable to be dismissed.
When confronted with above, the learned counsel for applicant could not overcome the same.
As a result, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 15.3.2023
Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. for quashing proceedings is maintainable when a compromise was entered into despite proceedings under the POCSO Act which preclude compromise.
Whether compromise in the impugned Sessions Trial can be considered for quashing the proceedings under POCSO Act.
Colour shows how this judgement treated each authority
State of Kerala VS. Hafsal Rahman N.R.Referred¶7
State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021
4 provisions across 3 enactments
Zishan
State of U.P.
Another
Rajeev Misra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
