ASHISH SHARMA vs STATE OF UTTARAKHAND

IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL

THE HON’BLE SRI JUSTICE SIDDHARTHA SAH

TH
05 JUNE, 2026

CRIMINAL MISCELLANEOUS APPLICATION NO. 1613 OF 2023
In
Compounding Application (IA No.4 of 2026)

Ashish Sharma ..…Applicant

Versus

State of Uttarakhand and Another ……Respondents

Counsel for the Applicant : Mr. Ramji Srivastava,
Advocate.

Counsel for the State : Mr. Bhaskar Chandra Joshi,
AGA.
Counsel for the Respondent : Mr. Shobhit Saharia,
No.2 Advocate.


Hon’ble Siddhartha Sah, J. (Oral)

By means of this C482 Application, the
applicant has sought quashing of the charge-sheet
dated 11.03.2023 filed in FIR No.0007 of 2023 and the
entire criminal proceedings arising out of Criminal Case
No.3739 of 2023, “State vs. Ashish Sharma” under
Section 376 of the IPC at Police Station Mussorie,
District Dehradun pending in the court of Chief Judicial
Magistrate, Dehradun and the summoning order dated
08.08.2023 passed therein.
2. The applicant – Ashish Sharma is present in-
person before this Court duly identified by Mr. Ramji
Srivastava, Advocate. The respondent no.2 – Akansha
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Guleria is present through video conferencing and she
is identified by Mr. Shobhit Saharia, Advocate.
3. During the pendency of this case, the parties
have entered into a compromise and compounding
application has been filed. In support of the
compounding application, the affidavits have been filed
on behalf of the applicant and also on behalf of the
respondent no.2. In the affidavit, in support of the
compounding application, the respondent no.2 has
stated that with the intervention of the well-wishers,
the deponent has amicably resolved all disputes and
differences. The deponent undertakes that all disputes
till date 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 (Mr. Ashish Sharma) and his
family members, heirs, agents and representatives in
relation to the subject dispute. 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 the charge-sheet dated 11.03.2023,
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summoning order dated 08.06.2023, passed by the
learned Chief Judicial Magistrate in Criminal Case
No.3739 of 2023 (now renumbered as 86/2024) arising
out of FIR No.0007 of 2023 dated 27.01.2023
registered at Police Station Mussorie, District Dehradun
under Sections 376, 504, 506 and 384 of the IPC and
the subsequent proceedings emanating therefrom.
4. On interaction with the respondent no.2
through video conferencing, she has no objection to the
quashing of the aforesaid proceedings and the
impugned orders.
5. Mr. Ashish Sharma, applicant in-person
present before this Court also reiterates the statements
made in the affidavit in support of the compounding
application.
6. Learned counsel for the State takes an
objection that since it is a matter where there are
proceedings under Section 376 of the IPC, hence the
same cannot be compounded.
7. On this, learned counsel for the respondent
no.2 submits that in identical circumstances Co-
ordinate Bench of this Court passed an order in WPCRL
No.2104 of 2022 and vide order dated 12.01.2023
quashed the FIR under Sections 376, 504 and 506 of
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the IPC. In the said order dated 12.01.2023, passed by
Co-ordinate Bench of this Court by placing reliance
upon the judgment of the Hon’ble Supreme Court in the
case of Sonu @ Subhash Kumar vs. State of U.P.
and another, (2022) 1 Crimes 142 (SC) and also in
the case of Shambhu Kharwar vs. State of U.P.
2022, SCC online SC 1032 , the Co-ordinate Bench
had allowed the compounding application and had
allowed the writ petition. The writ petition emanated
out from an FIR No.245 of 2022 dated 07.11.2022
under Sections 376, 504 and 506 of the IPC. The said
order is taken on record.
8. In view of the law laid down by Hon’ble the
Apex Court in the case of Gian Singh vs. State of
Punjab, 2012 (10) SCC 303, Dimpey Gujral vs. Union
Territory, Chandigarh, (2013) 11 SCC 497, B.S. Joshi
vs. State of Haryana, (2003) 4 SCC 675 and Nikhil
Merchant vs. CBI, (2008) 9 SCC 677 and also in view of
the aforesaid order dated 12.01.2023 non
compoundable offences can be compounded in
deserving cases.
9. In view of the aforesaid facts and
circumstances of this case and in view of the affidavit
filed by the respondent no.2 and her statements made
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before this Court, the compounding application
deserves to be allowed.
10. Since, the respondent no.2 has consented for
compounding the offences, the compounding
application is hereby allowed and consequently the
charge-sheet dated 11.03.2023 filed in FIR No.0007 of
2023 and the entire criminal proceedings arising out of
Criminal Case No.3739 of 2023 (now renumbered as
86/2024), “State vs. Ashish Sharma” under Section
376 of the IPC, registered at Police Station Mussorie,
District Dehradun pending in the court of learned Chief
Judicial Magistrate, Dehradun and the summoning
order dated 08.08.2023 are hereby quashed and the
C482 Application stands disposed of accordingly.


__________________
SIDDHARTHA SAH, J.

Dated: 05.06.2026
Pant/

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