Vishwanath v. State Through Sho Ps Najafgarh And ANR & ANR.
$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5826/2023 VISHWANATH ..... Petitioner Through:
Mr. Lucky Sharma and Mr. Vikas Nain, Advocates with petitioner in person.
versus STATE THROUGH SHO PS NAJAFGARH AND ANR .... Respondents Through:
Mr. Ashneet Singh, APP for State with SI Renu Hooda, P.S. Najafgarh.
Mr. Neeraj Yadav, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 30.01.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioner seeking quashing of FIR No. 89/2016 registered under Sections 354-C/354-D IPC and Section 67A of the I.T. Act at Police Station Najafgarh, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR, the complainant alleged that petitioner sent her an inappropriate video with her photograph on her mobile number through What's App.
3.
Mr. Singh, learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the only victim The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in the present case.
4.
Learned counsel for the petitioner submits that present FIR was registered due to misunderstanding and parties have amicably settled their disputes vide Mutual Agreement-cum-Settlement dated 04.08.2023, a copy of which has been placed on record. In terms of the said settlement, respondent No. 2 is now left with no claim or grievance against the petitioner.
5.
The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsel as well as IO/SI Renu Hooda, P.S. Najafgarh.
6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No.2 also states that she has entered into the aforementioned settlement out of their own free will, volition and without any coercion. She further states that she has no objection if the present FIR and the consequent proceedings are quashed. 7.
The parties shall remain bound by the statements made in Court today.
8.
In view of the above facts and considering that no useful purpose will 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 cost of Rs.25,000/- out of which Rs.20,000/- shall be paid to respondent No.2 by way of demand draft through I.O. and remaining Rs.5,000/- shall be deposited with the Delhi State Legal Services Authority 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.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
9.
With the above directions, the petition is disposed of. 10.
Proof evidencing receipt of deposit shall be filed with the Registry and in case the same is not deposited, the Registry shall put up the matter. 11.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
MANOJ KUMAR OHRI, J JANUARY 30, 2024 ga The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.