Leeza v. State & ANR.

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2489/2023 LEEZA .....Petitioner Through:

Mr. Parmil Kumar, Advocate.

versus STATE & ANR.

.....Respondents Through:

Ms. Nandita Rao, ASC (GNCTD) for the State with Inspector Deepak, Cyber, P.S. West.

Cousnel for respondent No.

(appearance not given) with R2 in person.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 09.07.2024 1.

The Writ Petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C., 1973") has been filed on behalf of the petitioners, seeking to quash the FIR No. 0003/2021, under Section 66-C of the Information Technology Act, 2000, registered at Police Station Cyber Police Station West.

2.

Issue notice.

3.

Ms. Nandita Rao, learned ASC appearing on advance notice, accepts notice on behalf of the State.

4.

Brief facts of the case are that the petitioner and the respondent No. 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

well known to each other and due to some misunderstanding and inadvertently the respondent No. 2 lodged the aforesaid FIR against the petitioner.

5.

It is further submitted that on 11.12.2021, on the complaint of respondent No. 2, an FIR bearing No.0003/2021, under Section 66-C of the Information Technology Act, 2000, got registered at Police Station Cyber Police Station West.

6.

It is stated that the petitioner No. 1 and the respondent No. 2 have amicably settled all the disputes and differences between them and arrived at Settlement Deed dated 24.08.2023, wherein they had agreed to jointly move a petition for quashing of the aforesaid FIR and not to file any complaint case against each other in future.

7.

In view of the Settlement Deed dated 24.08.2023, the present petition has been filed.

8.

The parties are present before this Court in-person today, and have been identified by their counsel and Investigating Officer concerned. 9.

The parties have submitted that all the disputes have been amicably settled vide Settlement Deed dated 24.08.2023 and thus, no fruitful purpose will be served in continuing with the FIR.

10.

The present petition has been signed by the petitioner and is supported by her respective affidavit. The parties have reaffirmed the terms of the settlement arrived at vide Settlement Deed dated 24.08.2023 and they also submit that the said Settlement Deed dated 24.08.2023 has been arrived at between the parties without any pressure and coercion. 11.

Today, the complainant/respondent No. 2, who is present in Court, states that she has no objection if the FIR is quashed. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

12.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion and also the fact that the present matter is a family matter, no useful purpose will be served in continuing with the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. 13.

Moreover, there is no legal impediment in quashing the FIR in question.

14.

Accordingly, the FIR bearing No.0003/2021, under Section 66-C of the Information Technology Act, 2000, got registered at Police Station Cyber Police Station West and all consequential proceedings emanating therefrom are quashed.

15.

The petition stands disposed of.

NEENA BANSAL KRISHNA, J JULY 9, 2024/RS The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.