Deepali Gupta v. State And ANR

$~113 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 879/2024 DEEPALI GUPTA ..... Petitioner Through:

Mr. Vinay Kumar Sharma, Mr. Prince and Mr. Aaditya, Advs.

versus STATE AND ANR ..... Respondents Through:

Mr. Yasir Rauf Ansari, APP for State Insp. Birender Singh, P.S. Cyber, Dwarka Parents of respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 15.03.2024 CRL.M.A.8327/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

W.P.(CRL) 879/2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No.117/2022 registered under Sections 66/66C/67/67A/67B IT Act at P.S. Cyber Police Station, Dwarka, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner created a fake social media account of the complainant's minor daughter and wrote filthy messages thereby harassing and causing distress to them. 3.

Learned APP for the State submits that in the present case the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

petitioner is the only accused person and respondent No. 2 is the only complainant/victim. It is stated that respondent No.2 is a minor and represented by her parents who are present in Court. 4.

Learned counsel for the petitioner submits that the parties have entered into a settlement vide Settlement Deed dated 02.03.2024 and in terms of the settlement, respondent No.2 is now left with no claim whatsoever against the present petitioner.

5.

The petitioner, who is present in the Court, has been identified by her counsel as well as by the Investigating Officer. The parents of respondent No.2 (minor), who are present in the Court, have also been identified by the Investigating Officer.

6.

The petitioner has shown remorse for her conduct and she undertakes not to repeat the same in future. The parents of respondent No.2 state that they have entered into the aforesaid Settlement Deed out of their own free will, volition and without any coercion. Being neighbours, they further state that they have no objection if the present FIR and consequent proceedings are quashed.

7.

Learned counsels for the petitioner submits that no other proceedings are pending between the parties.

8.

The parties shall remain bound by the statements made in Court today.

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of costs of Rs.5,000/- by the petitioner to be deposited with the Delhi State Legal Services Authority within a period of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of. 12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J MARCH 15, 2024 ns The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.