Subham Kashyap@ Seerat Mahant v. The Govt. Of NCT Of Delhi & ANR.
$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7501/2023 & CRL.M.A. 27960/2023 SUBHAM KASHYAP@ SEERAT MAHANT ..... Petitioner Through:
Mr. Ashish Gupta, Mr. Siddharth Chaudhary and Mr. Kapil Paliwal, Advocates with petitioner through VC.
versus THE GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Laksh Khanna, APP for State with SI Anugraha PS Farsh Bazar, Delhi.
Mr. Praduman Rai, Advocate for respondent No.2 with respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 23.02.2024 1.
The present proceedings are instituted under Section 482 Cr.P.C. on behalf of the petitioners seeking quashing of FIR No. 253/2018 registered under Sections 385 IPC and 66 C and 66D of the Information Technology Act, 2000 at Police Station Farsh Bazar, Delhi on the ground that the parties have amicably settled their disputes.
2.
As per the allegations levelled in the FIR the petitioner tried to extort money from the complainant by threatening him to release his private videos.
3.
Mr. Laksh Khanna, learned APP for the State, on instructions, submits that the petitioner is the only accused and respondent No.2 is the complainant/victim in the present case. It is further submitted that the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
charge-sheet has been filed in this case.
4.
Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the intervention of family members and friends, parties have amicably settled their disputes vide Memorandum of Understanding dated 23.08.2023, a copy of which has been placed on record as Annexure-P2. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner. 5.
The petitioner, who appears through VC, has been identified by counsel as well as the I.O./ SI Anugraha PS Farsh Bazar, Delhi. Respondent No. 2 is present in Court and has been identified by his counsel and the I.O. 6.
The petitioner has shown remorse for his conduct and undertakes not to repeat the same in future. Respondent No. 2 also states that he has entered into the aforementioned MOU out of his own free will, volition and without any coercion. He further states that he has no objection if the present FIR and 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 payment of cost of Rs.10,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority within a period of two weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.
9.
Proof evidencing receipt of deposit shall be filed with the I.O. as well The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
as in Court.
10.
A copy of this order be communicated to the Member Secretary, DSLSA for intimation.
11.
With the above directions, the petition is disposed of alongwith miscellaneous application.
12.
In case proof of deposit of cost is not placed on record, the matter be placed before the Court.
MANOJ KUMAR OHRI, J FEBRUARY 23, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.