AVANTIKA SHARMA ALIAS SAKSHI v. STATE OF UTTARAKHAND
C482/1615/2023 · 2025-12-09
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14363 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14363 (UTT) · dailylaw.ai ]
Judgment text
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2025:UHC:10937 SL. No . Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
IA No.03 of 2025 (Compounding Application) In C-482 No. 1615 of 2023
Hon’ble Ashish Naithani, J.
Ms. Priya Mewari, learned counsel for the Applicant. 2. Mr. Rakesh Negi, learned Brief Holder for the State. 3. Mr. Faizan Ali, learned counsel holding brief of Ms. Sadaf, learned counsel for respondent no.2. 4. The present criminal misc. application under Section 482 of the Code of Criminal Procedure filed on behalf of the Applicant, Avantika Sharma @ Sakshi D/o Arun Kumar Sharma W/o Siddhant Gaur against the Respondent in particularly Respondent no.2, Abhay Kumar Gaur S/o Late Shri Jai Prakash Sharma, who is the complainant; the present application comes with the prayer that the impugned charge- sheet no.394 of 2021 dated 09.10.2021, cognizance/summoning order dated 20.08.2022 as well as the entire proceedings of Criminal Case No.1318 of 2022, titled as “State vs. Smt. Avantika Sharma”, punishable under Sections 420, 504 & 509 of IPC Police Station Kotwali Roorkee, District Haridwar, pending in the court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar against the Applicant be quashed. 5. The Compounding Application (IA No.03 of 2025) is also annexed with the present application that is supported with the affidavits of the parties and the said application is being endorsed by the learned counsel for the Applicant and Respondent no.2, Ms. Priya Mewari, Advocate and Mr. Faizan Ali, learned counsel holding brief of Ms. Sadaf, Advocate respectively. 2025:UHC:10937
6. The Applicant and Respondent no.2/complainant are present before this Court, who are identified by their respective counsel. 7. After interacting with the parties especially with Respondent no.2, Abhay Kumar Gaur (complainant), he makes a statement that the parties have amicably settled their dispute outside the Court by way of agreement/settlement on 11.03.2025, both the parties have agreed to withdraw the case filed against each other before the courts below, hence, the Respondent no.2/complainant no longer wants to keep the matter pending and also does not want to prosecute the Applicant. Since the parties have already entered into a compromise so arrived at between the parties, hence, the impugned charge-sheet, the impugned cognizance order as well as the criminal proceedings may be quashed, whereas learned State counsel poses his formal objection in this regard. 8.
In view of the principle of law laid down by Hon'ble the Apex Court in the case of “Gian Singh vs. State of Punjab” reported in 2012 (10) SCC 303 as well as in Transfer Petition (Criminal) No. 115 of 2012 (Dimpey Gujral vs. Union Territory of Chandigarh) decided on 06.12.2012, criminal proceedings can be quashed by this Court, if this Court is satisfied with the facts and circumstances of the case. 9. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings against qua the Applicants are hereby quashed. 10. In view of the above, the compounding application is allowed. The impugned charge-sheet no.394 of 2021 dated 09.10.2021, cognizance/summoning order dated 20.08.2022 as
2025:UHC:10937 well as the entire proceedings of Criminal Case No.1318 of 2022, titled as “State vs. Smt. Avantika Sharma”, punishable under Sections 420, 504 & 509 of IPC Police Station Kotwali Roorkee, District Haridwar, pending in the court of learned Additional Chief Judicial Magistrate, Roorkee, District Haridwar against the Applicant, are hereby quashed. 11. The present Criminal Misc. Application u/s Section 482 of the Code of Criminal Procedure is, thus, disposed of in terms of the compromise arrived at between the parties. (Ashish Naithani, J.)
09.12.2025 Akash
AKASH Digitally signed by AKASH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, 2.5.4.20=dae2472c001d56469ea76fc0caa68f48ef 73518c148d140566ab1e26f9cbe61d, postalCode=263001, st=Uttarakhand, serialNumber=27096a1625377537a487dee4922 4c891823fc6a0334628b21e516047ed4f22f7, cn=AKASH Date: 2025.12.09 17:12:18 +05'30'