Badal Gautam v. State Of NCT Of Delhi Through Sho & ANR.

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 8060/2023 and CRL.M.A. 30015/2023s BADAL GAUTAM ..... Petitioner Through: Mr.Satish Rai and Mr.Abhay Singh, Advocates with petitioner (through V.C.) versus STATE OF NCT OF DELHI THROUGH SHO & ANR.

..... Respondents Through: Mr.Laksh Khanna, APP for State with Insp. Pushpender Mr.Abhishek Rai, Advocate for respondent No.2 with respondent No.2 (through V.C.)

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 31.01.2024 1.

The present petition has been filed under Section 482 Cr.P.C. seeking quashing of FIR No. 208/2020 registered under Sections 67A of Information Technology Act, 2000 and Section 506 IPC at P.S. South Campus, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner is alleged to have sent certain obscene photos and sought assistance in extorting money. When respondent No.2 refused to help, he was threatened and blackmailed. 3.

Learned APP for the State submits that in the present case the petitioner is the only accused person and respondent No.2 is the only complainant/victim.

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

4.

Learned counsels for the parties submit that the parties have entered into a settlement vide Memorandum of Understanding Cum Settlement Deed dated 10.11.2023. In terms of the settlement, respondent No. 2 is now left with no claim whatsoever against the petitioner. 5.

The petitioner and respondent No.2, who have joined the proceedings through V.C., have been identified by their respective counsels and the Investigating Officer.

6.

The petitioner has shown remorse for his conduct and he undertakes not to repeat the same in future. Respondent No. 2 states that he has entered into the aforesaid Memorandum of Understanding Cum Settlement Deed 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.

Learned counsel for the petitioner submits that no other proceedings are pending between the parties.

8.

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

9.

In view of the above facts and since no useful purpose will be served in continuance of the present criminal proceedings, it is directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed, subject to payment of cost of Rs.25,000/- to be deposited by the petitioner with the Delhi State Legal Services Authority within a period of four weeks from today. The amount so deposited shall be utilized by the Delhi State Legal Services Authority 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.

10.

Proof evidencing receipt of deposit shall be filed with the Investigating Officer as well as in Court.

11.

With the above directions, the petition is disposed of alongwith the pending application.

12.

Let a copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for information. 13.

The Registry shall list the matter before this Court in case receipt of costs to be paid by the petitioner is not filed within the stipulated time period.

MANOJ KUMAR OHRI, J JANUARY 31, 2024 na The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.