The Allahabad HC dismissed the application to quash the case under section 376 IPC & sections 3 & 4 of the POCSO Act based on a compromise entered between the victim and the accused in the matter of Pravin Kumar Singh & 2 Ors v/s State of UP.

The court referred to the decision in Narinder Singh & Ors V/s State of Punjab & Anr wherein it was held that an offense under section 376 of IPC even though committed against a particular victim does not make it a private dispute between the parties.

The court also referred to the decision in Daxaben v/s state of Gujarat wherein it was held that an FIR u/sec 306 & 376 cannot be quashed based on a settlement between the parties. 

The matter involves a 9-year-old rape case wherein the 3 accused approached the High Court seeking to quash the criminal case as they have settled the matter through a compromise it was also contended that one of the accused is married to the Victim and they are living as a husband & wife and therefore this case ought to be quashed. 

The state, on the other hand, opposed it stating that the Pocso Act is enacted for the prevention & protection of children & chargesheet has been presented against the applicants. 

Along with the above judgements the court also referred to the decision in Om prakash v/s the state of UP where it was also held that criminal proceedings u/sec 376 of the IPC & pocso act cannot be quashed even if the parties have compromised it between themselves.

Thus in light of the above observations, the court held that quashing criminal proceedings u/sec 376 Ipc & pocso act based on a compromise between the parties is legally impermissible and thus dismissed the application of the applicant.