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2025 DAILYLAW 5575 (UTT)

PRIYA AGGARWAL v. STATE OF UTTARAKHAND

C528/508/2025 · 2025-06-26

Ashish Naithani

body2025

Judgment text

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2025:UHC:5437 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS (Compounding Appl. No.01 of 2025) In C528 No.508 of 2025 Hon’ble Ashish Naithani, J. Mr. Himanshu Pal, learned counsel for the Applicant. 2. Mr. Vipul Painuly, learned AGA assisted by Mr. Chitrarth Kandpal, learned Brief Holder for the State. 3. Mr. Rachit Tiwari, learned counsel for respondent no.2. 4. Present C528 application has been filed by the Applicant-Priya Aggarwal alongwith compounding application and the same is supported with the affidavits of Applicant as well as Respondent no.2. 5. By means of this C528 application, applicant has sought quashing of impugned charge sheet dated 28.07.2017 and impugned summoning order dated 12.04.2018 passed by learned 1st Judicial Magistrate, Roorkee, Haridwar in Criminal Case No.369 of 2018, State of Uttarakhand vs. Priya Aggarwal arising out of FIR No.263 of 2017 for the offence punishable under Section 279, 338, 304-A and 427 of IPC registered at P.S. Manglaur, District Haridwar. 6. Learned counsel for the parties have filed their respective affidavits along with the compounding application stating therein that they do not wish to pursue the present criminal case any further and a compromise has been entered between them. 7. Learned State counsel has orally opposed the compounding application. 8. Heard learned counsel for the parties and perused the material available on record. 2025:UHC:5437 9. The Coordinate Bench of this Court vide order dated 30.04.2025 had directed the Secretary, District Legal Services Authority, Dehradun District Dehradun to file a report before the next date of listing. The Secretary, District Legal Services Authority, Dehradun District Dehradun had filed a report that the parties have settled their dispute and they do not want to pursue the matter, any further. 10. In view of the principle of law laid down by Ho’ble the Apex Court in the case of Gian Singh vs. State of Punjab reported in 2012 (10) SCC 303, 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 interest to restore peace and harmony between them. 11. Having heard learned counsel for the parties and in view of the above, the compounding application is allowed. The charge sheet dated 28.07.2017 and impugned summoning order dated 12.04.2018 passed by learned 1st Judicial Magistrate, Roorkee, Haridwar in Criminal Case No.369 of 2018, State of Uttarakhand vs. Priya Aggarwal arising out of FIR No.263 of 2017 for the offence punishable under Section 279, 338, 304-A and 427 of IPC registered at P.S. Manglaur, District Haridwar are hereby quashed. 12. Accordingly instant Criminal Misc. Application stands disposed of. (Ashish Naithani, J.) 26.06.2025 Arti ARTI SINGH Digitally signed by ARTI SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=487ed955e722ba65aab55409e686c12fb83a19325e8b66890fbee418e7b69c0d, postalCode=263001, st=UTTARAKHAND, serialNumber=26DC90E00D839E3E8714131F235087D2D87E133C57E7F4A7B2E734BE2521F982, cn=ARTI SINGH Date: 2025.07.01 12:49:03 +05'30'