Allahabad High Court
Ashutosh Mishra vs State Of U.P. And Another on 4 March, 2025
Author: Rajeev Misra
Bench: Rajeev Misra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:32290 Court No. - 71 Case :- APPLICATION U/S 482 No. - 29767 of 2024 Applicant :- Ashutosh Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neeraj Kumar Pandey Counsel for Opposite Party :- Anjani Kumar Shukla,Dharmendra Kumar Dohare,G.A. Hon'ble Rajeev Misra,J.
1. Heard Mr. Neeraj Kumar Pandey, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Dharmendra Kumar Dohare, the learned counsel representing the prosecutrix/first informant opposite party-2.
2. Perused the record.
3. Applicant- Ashutosh Mishra who is a charge-sheeted accused has approached this Court by means of present application under Section 482 Cr.P.C. with following prayer:
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application (U/S 482 Cr.P.C.) and quash the entire proceeding of Charge Sheet dated 24.12.2021 filed in Criminal Case No.25675 of 2023 (State v. Ashutosh Kumar), arising out of Case Crime No.439 of 2021, under Section 328, 376, 506, 406 IPC, Police Station Civil Lines, District Prayagraj, pending in the Court of Chief Judicial Magistrate, Allahabad as well as summoning order dated 24.08.2023 passed by Chief Judicial Magistrate, Prayagraj.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No.25675 of 2023 (State v. Ashutosh Kumar) arising out of Case Crime No.439 of 2021, under Section 328, 376, 506, 406 IPC, Police Station Civil Lines, District Prayagraj, pending in the Court of Chief Judicial Magistrate, Allahabad, nad/or to pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case, otherwise the Applicants shall suffer irreparable loss and injury."
4. On the matter being taken up, the learned counsel for applicant submits that during pendency of the aforementioned criminal proceedings, parties amicably settled their dispute outside the court. On the basis of settlement arrived at between the parties, a compromise was entered into. Subsequently the terms of the compromise were produced in writing by way of a compromise deed dated 29.08.2022 photocopy of same is on record as Annexure 4 to the affidavit filed in support of present application.
5. At this juncture, the Court raised a pointed query as to whether the said compromise has been filed before court below or not. Learned counsel for applicant fairly submits that the said compromise has not yet been filed before court below.
6. At this stage, learned AGA submits that since the compromise alleged to have been entered by the parties has not been filed before court below, therefore there is no credible material on record to conclude that the parties have entered into a compromise. Apart from above, the learned AGA also contends that since the offence complained of relates to rape therefore, in view of the prohibition contained in the judgment of Apex Court in the case of Rampal Vs. State of Haryana, AIR online 2019 SC 1716, that there can be no compromise in matters of rape and sexual assault, the impugned proceedings cannot be terminated in view of the compromise entered into by the parties. As such the present application is liable to be dismissed.
7. When confronted with above, the learned counsel for applicant could not overcome the same.
8. Having heard the learned counsel for applicant, the learned A.G.A. for State, Mr. Dharmendra Kumar Dohare, the learned counsel representing first informant opposite party-2 and upon perusal of record, this Court finds that the objections raised by the learned AGA in opposition to this application are clearly borne out of from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record or the judgment of the Supreme Court at this stage. As such, no good ground exist to entertain present application.
9. In view of the above, the present application fails and is liable to be dismissed.
10. It is, accordingly, dismissed.
Order Date :- 4.3.2025 S.A.