RAVIKANTA SHARMA ALIAS RAVIKANTA KOTHIYAL v. STATE OF UTTARAKHAND
C528/1476/2025 · 2025-12-01
Ashish Naithani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16486 (UTT) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16486 (UTT) · dailylaw.ai ]
Judgment text
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SL. No. Dat e Of f ice Not es, r epor t s, or ders or pr oceedin gs or dir ect ion s an d Regist r ar’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
2025:UHC:10712
I A No.1/ 2025 (Compounding Application) with C528 No.1476 of 2025 Hon ’ble Ash ish Nait h an i, J.
Mr. Rishab Ranghar, learned counsel for the Applicant. 2. Mr. S.S. Chauhan, learned DAG with Mr. Vikash Uniyal, learned Brief Holder, for the State of Uttarakhand/1 & 2. 3. Mr. Lochan Sah, learned counsel for the private Respondent No.3. 4. In the present Application filed under Section 528 of the Bhartiya Nyaya Suraksha Sanhita, 2023, the Applicant has put a challenge to the entire proceedings of Criminal Case No.4795 of 2025 “State Vs. Ravikanta Sharma @ Ravikanta Kothiyal and others”, under Sections 420, 467, 468 and 471 of IPC, at P.S. Nehru Colony, District Dehradun, which is pending before the court of learned Vth ACJ (Sr. Division), District Dehradun. 5. There is a compounding application along with this C528 application, wherein, the Applicant as well as the Respondent No.3 has annexed the signatures. The Applicant and the Respondent No.3 are present in person before this Court who has been duly identified by their learned counsel respectively. 6. The present compounding application is strongly opposed on behalf of the learned State Counsel with the contentions that in the present matter the Applicant is chargesheeted with an allegation that she duped the Respondent No.3 on the ground that she would get a government job for younger brother of Respondent No.3, namely, Sri Vishal Bharti, and thereby she/Applicant duped big amount of Rs.26,50,000/-. The matter is serious and has social implications as the Applicant being a Senior Accountant at the “Ayush”. Moreover the offences are non compoundable. 7. After interacting with the Respondent No.3, who submits before this Court that the amount involved of Rs.26,50,000/- has been returned by the Applicant and he does not want to pursue the
matter, any further. 8. Heard learned counsel for the parties and perused the material available on record. 9.
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 that matter has been settled between the parties amicably and parties are interested to restore peace and harmony between them. 10. In view of the above, the compounding application is allowed. The entire proceedings of Criminal Case No.4795 of 2025
“State Vs. Ravikanta Sharma @ Ravikanta Kothiyal and others”, under Sections 420, 467, 468 and 471 of IPC, at P.S. Nehru Colony, District Dehradun, which is pending before the court of learned Vth ACJ (Sr. Division), District Dehradun, are hereby quashed, subject to the condition that the Applicant shall deposit a fine of Rs.20,000/- before the Registry of this Court, which shall be deposited in the High Court Bar Association Advocate’s Welfare Fund, and secondly, the signatures on the compounding application be annexed for the Respondent No.3 – Sri Amit Kumar. 11. The Criminal Miscellaneous Application, filed under C528 of BNSS, 2023, is disposed of accordingly. ( Ash ish Nait h an i, J.) 0 1 .1 2 .2 0 2 5 Nitesh/