Dismissed

Nawaz Khan and 5 Others v. State of Up and 2 Others

Allahabad HC24 Nov 2024A482/4592/2024

Case brief

AI extract

What is this about?

Accused sought quashing of criminal proceedings including POCSO Act offences on the ground that parties had compromised. Citing Apex Court rulings that POCSO offences are heinous and cannot be quashed on compromise, the court dismissed the application and vacated the interim order.

What the court decided

AI extract

Nawaz Khan and 5 Others Vs State of Up and 2… — Child Sexual Offences (POCSO) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:184198

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Court No. - 80

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Case :- APPLICATION U/S 482 No. - 4592 of 2024

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Applicant :- Nawaz Khan And 5 Others Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.,Satish Kumar

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Hon'ble Samit Gopal,J.

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1. List revised.

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Heard Sri Pankaj Sharma, learned counsel for the applicants, Sri Satish Kumar, learned counsel for the opposite party no.2 and Sri Bade Lal Bind, learned counsel for the State and perused the records.

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The present application under Section 482 Cr.P.C. has been filed by the applicants- Nawaz Khan, Kamarjahan, Jalal, Suhail, Ateeq and Shorida, with the prayer to allow the present application and quash the entire proceeding as well as charge-sheet dated 29.07.2022 & cognizance order dated 17.06.2023 in S.T. No. 433 of 2023 (State Vs. Nawaz Khan and others) arising out of Case Crime No. 76 of 2022, under Sections 376, 511, 342, 504, 506, 509 I.P.C. and 3/4/18 of the POCSO Act and Section 67 of the I.T. Act, Police Station Rajabpur, District Amroha, pending in the court of Additional Sessions Judge / Special Judge (POCSO Act), Amroha, with a further prayer that proceedings of the aforesaid case be stayed during the pendency of the present application.

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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.

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Learned counsel for the State opposed the prayer for quashing.

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After having heard the learned counsels for the parties and

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perusing the record, it is evident that the applicants are the accused in a case under various sections of Indian Penal Code and even for offences under the POCSO Act.

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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.

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Looking to the facts of the matter, the limited argument on behalf of the applicants 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.

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