Ashwani Kumar Mehta & ANR. v. State Of NCT Of Delhi ANR

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4701/2023 ASHWANI KUMAR MEHTA & ANR.

..... Petitioners Through:

Ms. Indu Kaul, Advocate (through VC) and Mr. Ravi Prakash Kashyap, Advocates with petitioners in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Aashneet Singh, APP for State with IO/SI Rohit, P.S. Vasant Kunj North.

Respondent No.2 through V.C.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 17.05.2024 1.

By way of the present petition filed under Section 482 Cr.P.C., the petitioners seek quashing of FIR No. 488/2016 registered under Sections 67/67A of the I.T. Act at P.S. Vasant Kunj North. 2.

As per the allegations levelled in the FIR, petitioner No.1 sent obscene videos to the complainant which caused mental distress and agony after which the present FIR was lodged.

3.

Learned APP for the State, on instructions, submits that the petitioners are the only accused persons and respondent No.2 is the complainant/victim in the present case.

4.

Learned counsel for the petitioners submits that during the pendency of trial, parties have entered into an amicable settlement. In this regard, learned counsel has drawn an attention to the order dated 09.02.2023 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

wherein it was noted that the matter had been amicably settled and statement of the complainant to the said effect was also recorded and the offence under Section 509 IPC was compounded. 5.

Apparently, petitioner No.1 has filed an undertaking-cum-affidavit on 21.12.2022 before the Trial Court, wherein he had tendered unconditional apology to the complainant.

Learned counsels for the parties informed that when the present matter was taken up on 08.05.2024, the complainant had appeared virtually and was identified by the IO. She had stated that she had no objection to the prayer made in the petition subject to petitioner undertaking to supply certified copy of the undertaking cum affidavit sworn on 21.12.2022. Today, learned counsel for the petitioners, on instructions from petitioner No.1 states that certified copy of the aforesaid undertaking-cumaffidavit has been supplied to the complainant on 12.05.2024, who has already put an endorsement to the aforesaid effect. 6.

Petitioners, who are present in Court, have been identified by their counsel as well as IO/SI Rohit, P.S. Vasant Kunj North. Respondent No.2, who has also joined the proceedings through V.C., has been identified by the I.O.

7.

Respondent No. 2 states that she has entered into the settlement with the petitioners out of he own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

8.

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

9.

In view of the above facts and considering that no useful purpose will The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be served in continuance of the proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cumulative cost of Rs.10,000/- to be deposited with the Delhi State Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse Avenue, IFSC : UCBA0003364) within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

10.

Proof evidencing receipt of deposit shall be filed with the I.O. failing which, I.O. shall be at liberty to move appropriate application. 11.

A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 12.

With the above directions, the petition is disposed of. MANOJ KUMAR OHRI, J MAY 17, 2024/ssc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.