Ravi Kumar Vs State of Up and 3 Others

Court No. - 71

Case :- APPLICATION U/S 482 No. - 36255 of 2024

Applicant :- Ravi Kumar Opposite Party :- State Of Up And 3 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Misra,J.

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Heard Mr. M.K. Tripathi, the learned counsel for applicant, the learned A.G.A. for State and Mr. Yogesh Kumar Tiwari, the learned counsel for first informant.

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Perused the record.

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Applicant- Ravi Kumar, who is a charge sheeted accused has approached this Court by means of present application under section 482 Cr.P.C. with the following prayer:

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"It, is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application under section 482 Cr.P.C. and quash the_charge sheet dated 25.03.2023 including cognizance order dated 27.04.2023 as well as entire proceedings of Sessions Case No. 540 of 2023, State Versus Ravi, Case Crime No. 607 of 2022, Under Section 363, 366, 376(1) I.P.C. & Section 3/4 of POCSO Act Police Station -Mauranipur, District-Jhansi on the basis of compromise in between the applicant, victim and first informant dated 01.10.2024.

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It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Sessions Case No. 540 of 2023, State Versus Ravi, Case Crime No. 607 of 2022, Under Section 363, 366, 376(1) I.P.C. & Section 3/4 of POCSO Act Police Station -Mauranipur, District- Jhansi, pending in the court of Special Judge, POCSO Act/ Additional District Judge, Jhansi. And/or pass any other and further as this Hon'ble Court may deem fit and proper under the circumstances of the present case."

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Record shows that during pendency of aforesaid proceedings 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 said compromise was reduced to writing by means of a compromise deed dated 1.10.2024. On the basis of aforesaid compromise, applicant approached this Court by means of application under section 482 Cr.P.C, in which an order dated 25.10.2024 was passed. For ready reference, the same is reproduced herein under:

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"Short counter affidavit filed today is taken on record.

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Heard Sri Mahesh Kumar, learned counsel for the applicant and Sri Y. K. Tiwari, learned counsel, who has put in appearance on behalf of the first informant.

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The present application under Section 482 Cr.P.C. has been filed for quashing the impugned charge-sheet dated 25.03.2023 as well as the cognizance/summoning order dated 27.04.2023 as also the further proceedings of Session' Case No. 540 of 2023 (State Vs. Ravi) stated to be pending before the Special Judge, POCSO Act/Additional District Judge, Jhansi, arising out of Case Crime No. 607 of 2022, under Sections 363, 366 and 376(1) IPC and Section 3/4 of POCSO Act, Police Station Mauranipur, District Jhansi.

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Learned counsel for the applicant as well as learned counsel for the first informant submit that parties have entered into compromise on 01.10.2024, copy whereof has been filed on record as Annexure No. 10 to the paper book. It is, accordingly, prayed that the proceedings of case be quashed in terms of compromise so entered.

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Having heard learned counsel for the parties, the Court is of the opinion that the compromise so entered between the applicant and the first informant is likely to be verified before it can be taken note of.

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Accordingly, let the applicant as well as the first informant appear before the Special Judge, POCSO Act/Additional District Judge, Jhansi, on 07.11.2024 and file the compromise application.

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On receipt of the compromise application, the Court concerned shall proceed to verify the same and submit report to this Court within 10 days from the date of receipt of the application on the date fixed.

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List this case as fresh, on 25.11.2024, before the appropriate Court, with the report of compromise verification, as directed above. "

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In compliance of above order dated 25.10.2024, the parties appeared before court below for verification of compromise and Court below vide order dated 11.11.2024 has verified the compromise. Subsequently, Court below has send the copies of the order dated 11.11.2024 as well as it's verification report dated 18.11.2024 and the photo copy of the compromise, application.

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At this juncture Court raised a pointed query to the learned counsel for applicant as to whether proceedings of above case cannot be terminated on the basis of compromise in view of clear prohibition imposed by Apex Court in State of Kerala VS. Hafsal Rahman N.R., Special Leave Petition (Criminal) Diary Nos. 24362 of 2021.

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When confronted with above, the learned counsel for applicant could not overcome the same.

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Having heard the learned counsel for applicant, the learned A.G.A. for State and Mr. Yogesh Kumar Tiwari, the learned counsel for

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first informant and upon perusal of record, this Court finds that in view of injunction issued by Apex Court in State of Kerala (supra) ,no compromise can be entered into by the parties in proceedings under the POCSO Act.

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In view of above, the compromise entered into by the parties and verified by Court below is manifestly illegal and consequently, no effective relief can be granted to applicant on the basis of such a compromise.

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As such, present application fails and is liable to be dismissed.

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It is accordingly dismissed.

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Order Date :- 16.1.2025 Arshad

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Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad

Ravi Kumar v. State of Up and 3 Others

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Ravi Kumar v. State of Up and 3 Others

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