Charge-sheeted accused in a POCSO and IPC case sought quashing of trial proceedings on the strength of a compromise between the parties. Court noted the compromise was not filed before the trial court and cited Supreme Court prohibition on terminating POCSO proceedings by compromise.
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Neutral Citation No. - 2025:AHC:43491
Court No. - 70
Case :- APPLICATION U/S 482 No. - 44929 of 2024
Applicant :- Rizwan Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Rajat Agarwal,Virpratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
2. Perused the record.
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to :-
1. Quash the entire proceedings of Sessions Case (SC) No: 57 of 2020 (State versus Rizwan), under sections- 452, 376, 506 of Indian Penal Code, 1860 and sections- 3/4 of Protection of Children From Sexual Offences Act, 2012, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Court No.2, Moradabad, arising out of case crime number- 0472 of 2017, registered at Police Station- Bilari, DistrictMoradabad, on the basis of compromise, made between the parties.
2. Stay the entire proceedings of Sessions Case (SC) No: 57 of 2020 (State versus Rizwan), under sections- 452, 376, 506 of Indian Penal Code, 1860 and sections- 3/4 of Protection of Children From Sexual Offences Act, 2012, pending in the court of Additional Sessions Judge/ Special Judge (POCSO Act), Court No.2, Moradabad, arising out of case crime number 0472 of 2017, registered at Police Station-Bilari, District- Moradabad, during pendency of the present criminal misc. application, under section482 of the Code of Criminal Procedure, 1973, before this Hon'ble Court.
3. And/or pass such other and further order, which this Hon'ble Court deems fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer with irreparable loss and injury."
aforementioned criminal case, 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 terms of compromise so entered into by the parties were reduced in writing. Accordingly, an application dated 04.10.2024 was jointly filed by the parties before court below praying therein that in view of the compromise entered into by the parties, the proceedings of aforementioned criminal case be terminated. Copy of the aforesaid application is on record and is at Page-163 of the paper-book.
entered into by the parties. As such, no good ground exist to entertain the present application.
Order Date :- 24.3.2025 Rama Kant
Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad
1 issue framed by the court
Can proceedings under the POCSO Act be quashed or terminated on the basis of a compromise entered into between the parties?
Colour shows how this judgement treated each authority
State of Kerala vs. Hafsal Rahman N.R.Relied on¶7
Special Leave Petition (Criminal) Diary Nos. 24362 of 2021
5 provisions across 3 enactments
Rizwan
State of U.P.
Prosecutrix (opposite party-2)
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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