Facts
The applicant, Aakanksha Guleria, sought the quashing of a summoning order dated 08.08.2023 and the entire proceedings of Complaint Case No. 17 of 2023, titled “Kamal Sharma vs. Aakansha,” pending before the Judicial Magistrate, Mussoorie.
Source reference: para. 1The complaint alleged defamation under Section 500 of the IPC.
Source reference: no citationDuring the pendency of the Section 482 Cr.P.C. application, both parties filed a joint compounding application (IA No. 3 of 2026) stating that all disputes, including past, present, and future grievances, had been amicably settled.
Source reference: para. 3The respondent no. 2 (complainant) expressed her lack of objection to quashing the proceedings and committed to facilitating the withdrawal of a related defamation case in Pune.
Source reference: para. 3-4Issues
1. Whether the High Court should exercise its inherent powers under Section 482 of the Cr.P.C. to quash the criminal proceedings for an offence under Section 500 IPC based on a private settlement and compounding application between the parties.
Source reference: para. 1, 8Law Applied
Section 482 of the Code of Criminal Procedure (Cr.P.C.), which saves the inherent powers of the High Court to prevent abuse of the process of any court or otherwise to secure the ends of justice.
Source reference: para. 1Section 500 of the Indian Penal Code (IPC) regarding punishment for defamation, noting that such offences are essentially private in nature and can be compounded when parties arrive at a settlement.
Source reference: para. 3, 10Reasoning
The court conducted a physical and video-conferencing interaction with both the applicant and the respondent no. 2 to verify the voluntariness of the settlement.
Source reference: para. 2, 6, 7The court observed that the respondent no. 2 had filed a supporting affidavit confirming that all claims and causes of action were resolved and that she no longer wished to pursue the prosecution.
Source reference: para. 3Additionally, the court took note of a reciprocal undertaking by the complainant’s daughter to withdraw a connected case in Pune.
Source reference: para. 4Since the dispute was personal and the parties had reached a comprehensive settlement, the court reasoned that allowing the prosecution to continue would serve no purpose and that compounding the offence would meet the ends of justice.
Source reference: para. 8, 10Holding
The court answered the issue in the affirmative, allowing the compounding application (IA No. 3 of 2026).
The court held that in light of the amicable settlement, the summoning order dated 08.08.2023 and the entire proceedings of Complaint Case No. 17 of 2023 are quashed.
Source reference: para. 10The Section 482 application was disposed of accordingly.
Source reference: para. 10Original Court PDF
AAKANKSHA GULERIAvsSTATE OF UTTARAKHAND
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