Aakanksha Guleria vs State Of Uttarakhand And Another

Siddhartha Sah, J

By means of the present Application under Section 482 Cr.P.C., the applicant has sought quashing of the summoning order dated 08.08.2023 (Annexure No.8) passed by the court of Judicial Magistrate, Mussoorie, District Dehradun in Complaint Case No.17 of 2023,"Kamal Sharma vs. Aakansha" for the offence punishable under Section 500 of the IPC as well as quashing of the entire proceedings of the Complaint Case No.17 of 2023,"Kamal Sharma vs. Aakansha", pending before the court of Judicial Magistrate Mussoorie, District Dehradun.

The applicant - Aakansha Guleria is present through video conferencing and she is duly identified by Mr. Shobhit Saharia, Advocate. The respondent no.2 -Mrs. Kamal Sharma is present in-person before this Court and she is identified by Mr. Ramji Srivastava, Advocate.

During the pendency of this case, the compounding application has been filed on behalf of the applicant and the complainant/ respondent no.2. The said compounding application is signed by both the parties. In support of the compounding application, affidavit has been filed on behalf of the complainant/ respondent no.2 Mrs. Kamal Sharma. In the said affidavit, it has been stated that the dispute and difference between the parties have been settled and the deponent undertakes that all the disputes till date stands resolved.

The deponent undertakes that all the disputes till dates stand resolved between the parties to this petition and all past, present and future grievances, claims and causes of action whether civil or criminal against the Applicant (Aakanksha Guleria), Mrs. Kamal Sharma and their family members, heirs, agents and representatives in relation to the subject dispute.

The deponent further undertakes to make all possible efforts towards compounding the complaint filed on behalf of the deponent's daughter against the applicant for defamation titled as "Aditi Sharma vs. Aakansha Guleria" bearing S.C.C. No. 3706/2023, pending adjudication before the Court of the II Joint Judicial Magistrate, Cantonment Court, Pune.

The deponent further undertakes not to initiate, lodge, maintain or support any complaint, claim, suit, petition or legal proceeding of any nature in relation to the said FIR, alleged incidents or related subject matter in any forum, Court or authority. The deponent has no objection to the quashing of Complaint Case No.17 of 2023, titled as 'Kamal Guleria vs. Aakanksha Guleria', pending before the Court of Judicial Magistrate, Mussoorie, District Dehradun and the subsequent proceedings emanating therefrom..

Mr. Shobhit Saharia, learned counsel for the applicant has also drawn the attention of this Court to an affidavit, filed by Ms. Aditi Sharma D/o of Sh. Manohar Lal Sharma, aged about 41 years. R/o C-20, Sector 43, Sushant Lok Phase-1, Gurgaon, in which it has been stated that "I hereby states that a case titled as 'Aditi Sharma v. Aakansha Guleria", bearing S.C.C. No. 3706/2023 was filed by me and the same is pending for adjudication before the Court of the II Joint Judicial Magistrate, Cantonment Court, Pune. I state that I will withdraw the aforesaid case immediately after the disposal of the present compounding application."

Affidavit in support of the compounding application has also been filed on behalf of the applicant with similar averments that the disputes between the parties have been amicably resolved and they are ready to settle the disputes amicably.

Mrs. Kamal Sharma, respondent is present in- person before this Court. On an interaction with her, she has stated that the parties have come to an amicable settlement and she does not want to pursue the matter further and that she has no objection to the quashing the Complaint Case No.17 of 2023, "Kamal Guleria vs. Aakansha Guleria", pending before the court of Judicial Magistrate Mussoorie, District Dehradun and the subsequent proceedings emanating therefrom. She states that the offence be compounded.

Ms. Aakansha Guleria, applicant in-person through video conferencing. On interaction with her, she seeks to quash the proceedings of Complaint Case No.17 of 2023 and summoning order dated 08.08.2023 under Section 500 of IPC as well as all consequential proceedings.

In view of the affidavit filed in support of the compounding application and on interaction with the respondent no.2, who stated that the offences be compounded and also on interaction with the applicant, the Compounding Application (IA No.3 of 2026) deserves to be allowed.

The Compounding Application (IA No.3 of 2026) is hereby allowed.

The respondent no.2 is allowed to compound the offence. The summoning order dated 08.08.2023 (Annexure No.8) passed by the court of Judicial Magistrate, Mussoorie, District Dehradun in Complaint Case No.17 of 2023, "Kamal Sharma vs. Aakansha" for the offence punishable under Section 500 of the IPC as well as the entire proceedings of the Complaint Case No.17 of 2023, "Kamal Sharma vs. Aakansha", pending before the court of Judicial Magistrate Mussoorie, District Dehradun are hereby quashed and the C482 Application is disposed of accordingly.