Uttarakhand High Court
Saurabh vs State Of Uttarakhand And Another on 10 November, 2025
2025:UHC:9896
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SHRI JUSTICE ASHISH NAITHANI
10th November, 2025
CRIMINAL MISCELLANEOUS APPLICATION NO. 787 of 2024
Saurabh ....Applicant
Vs.
State of Uttarakhand and Another. .....Respondents
Counsel for the Applicant : Mr. Gaurav Singh,
Advocate.
Counsel for the State : Mr. N.S. Kanyal, A.G.A.
Counsel for the Respondent : Mr. Susheel Kumar,
no.2 Advocate holding brief of
Mr. Pankaj Semwal,
Advocate.
Hon'ble Ashish Naithani, J.
The present Application has been filed under Section 482 of the Code of Criminal Procedure, 1973 to quash the charge- sheet dated 23.08.2022, cognizance/summoning order dated 30.08.2022 and the entire proceedings of Criminal Case No. 588 of 2022, "State vs. Saurabh" under Sections 376, 313, 323 of IPC, Police, District Haridwar pending in the court of learned 1st Additional Senior Civil Judge/A.C.J.M, Haridwar. 1 C-482 No. 787 of 2024, "Saurabh vs. State of Uttarakhand and Another"
Ashish Naithani J.
2025:UHC:2066 2
2. Subsequent to the submission of the charge-sheet, learned Trial Court took the cognizance and passed the summoning order against the Applicant-accused person for the offence under Sections 376, 313 and 323 of the Indian Penal Code, 1860.
3. Along with C-482 Application, a joint Compounding Application (IA No. 01 of 2024) has been signed and filed by the parties, which is duly supported by separate affidavits of Applicant and Respondent no.2.
4. Applicant and Respondent No. 2 are present before the Court and they are duly identified by their respective counsels.
5. Heard learned counsel for the parties and perused the material available on record.
6. The Court also had an interaction with Respondent no. 2 about the compromise, to which, she fairly conceded that she has no objection if compounding application is allowed.
7. Respondent no. 2 also submitted that she does not want to proceed with the said Criminal Case. He further submitted that there were private disputes between them and the 2 C-482 No. 787 of 2024, "Saurabh vs. State of Uttarakhand and Another"
Ashish Naithani J.
2025:UHC:2066 3 said disputes have been resolved, therefore, a joint compounding application has been filed along with affidavits with free will and without any pressure.
8. The Respondent no. 2 requested to quash the entire proceedings of the said Criminal Case No. 588 of 2022, "State vs. Saurabh" under Section 376, 313, 323 of IPC, Police Station Pathri, District Haridwar pending in the court of learned 1st Additional Senior Civil Judge/A.C.J.M, Haridwar, pending before the Court of learned Chief Judicial Magistrate, Dehradun.
9. Per contra, learned State Counsel has formally objected to the offences made out in the present case.
10. 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 3 C-482 No. 787 of 2024, "Saurabh vs. State of Uttarakhand and Another"
Ashish Naithani J.
2025:UHC:2066 4 amicably and parties are interested to restore peace and harmony between them.
11. Keeping in view of the totality of the facts and circumstances of the case, this Court is of the view that ends of justice would be met, if the entire proceedings of Criminal Case No. 588 of 2022, "State vs. Saurabh" under Section 376, 313, 323 of IPC, Police Station Pathri, District Haridwar pending in the court of learned 1st Additional Senior Civil Judge/A.C.J.M, Haridwar, are quashed.
12. Resultantly, the entire proceedings of Criminal Case No. 588 of 2022, "State vs. Saurabh" under Section 376, 313, 323 of IPC, Police Station Pathri, District Haridwar pending in the court of learned 1st Additional Senior Civil Judge/A.C.J.M, Haridwar are hereby quashed.
13. The Criminal Miscellaneous Application No. 787 of 2024, filed under Section 482 of the Code of Criminal Procedure, is disposed of accordingly.
___________________ ASHISH NAITHANI, J.
Dt: 10th November, 2025 Shiksha 4 C-482 No. 787 of 2024, "Saurabh vs. State of Uttarakhand and Another"
Ashish Naithani J.