Aniket Sharma v. State NCT Of Delhi & ANR.

$~24 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ANIKET SHARMA .....Petitioner Through:

Mr. Ram Tomer, Mr. Deepak Pandey and Ms. Versha Tomer, Advocates Petitioner in person.

versus STATE NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Tarang Srivastava, APP for the State with SI RanVijay, PS Cyber Central and SI Sandeep Sharma, PS DBG Road.

Mr. Aniket Sharma, Advocate for R-2 R-2 in person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 16.12.2024 By way of the present petition filed under section 482 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner seeks quashing of case FIR No. 0058/2021 dated 04.03.2021 registered under sections 323/365/354/354-A/354-D/506 of the Indian Penal Code 1860 ('IPC') at P.S.: D.B.G. Road, Delhi ('subject FIR') based on Compromise Deed dated 09.03.2024 ('Compromise Deed'). 2.

Pursuant to last order dated 14.10.2024, Mr. Tarang Srivastava, learned APP appearing on behalf of the State has handed-up a copy of Status Report dated 09.12.2024, drawn-up under the hand and signatures of the S.H.O., P.S.: Cyber Central, Delhi. The status report is taken on record.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

3.

The status report records that the petitioner's cellphone was analysed, and "... ... all social media platforms/accounts like Instagram, Facebook, Snapchat, Gmail, Whatsapp, Messenger and Photos Gallery cloud related to the petitioner have also been analysed in PS Cyber Central, Kamla Market, but no offending content was found." 4.

Furthermore, in compliance of order dated 12.09.2024, the petitioner has filed affidavit dated 01.10.2024 stating that he does not have any offending content relating to the complainant on any of his mobile devices nor on any of his social media platforms. 5.

The petitioner and respondent No.2 are both present in court. Their credentials have been verified and they have been identified by the Investigating Officer and by their respective counsel. 6.

The court has interacted with respondent No. 2, who confirms that she has amicably settled the matter with the petitioner and the compromise deed has been signed by the parties. Respondent No.2 confirms that in view of the statement made by the petitioner in court today, which is confirmed by status report dated 09.12.2024 filed by the S.H.O., all aspects of the compromise deed have now been performed.

7.

Furthermore, upon being specifically queried, the petitioner undertakes that in terms of his affidavit dated 01.10.2024 and clause (i) of the compromise deed signed by him, he will not take any step or action that may compromise respondent No.2's privacy or dignity in the context of the subject matter of the FIR. 8.

Learned APP confirms that the State has no objection to the subject FIR being quashed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr. reported as (2012) 10 SCC 303 as also in Narinder Singh & Ors. vs. State of Punjab & Anr. reported as (2014) 6 SCC 466, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the compromise arrived at between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties.

10.

Accordingly, the petition is allowed and FIR No. 0058/2021 dated 04.03.2021 registered under sections 323/365/354/354-A/354-D/506 IPC at P.S.: D.B.G. Road, Delhi is quashed. All proceedings arising therefrom also stand closed.

11.

The petition stands disposed-of.

12.

Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J DECEMBER 16, 2024 SV The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.