Krishan Kumar Joshi v. State Through Sho & ANR.

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7566/2024 KRISHAN KUMAR JOSHI .....Petitioner Through:

Mr. Jai Kishan Yadav, Advocate with petitioner in person versus STATE THROUGH SHO & ANR.

.....Respondents Through:

Mr. Pradeep Gahalot, APP for State.

SI Bhopendra Singh, PS Cyber Rohini Mr. Archit Upadhyay, Adv.

(DHCLSC) for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE ANISH DAYAL

O R D E R

% 29.11.2024 1.

This petition is filed for quashing of FIR No.27/2022 dated 23rd March 2022 registered at Cyber Police Station Rohini under Section 67 of IT Act, 2000 and Section 509 IPC, basis settlement between the parties. 2.

Though the settlement is not on record, respondent no.2's affidavit giving her 'No Objection' is on record.

3.

Petitioner and respondent no. 2 are present in Court and are duly identified by the IO and the respective counsel. 4.

The issue arose out of marital discord and the matter was kept aside for completion of divorce proceedings before the Family Court, Mathura. It is now informed by respondent no.2 that divorce proceedings have culminated in a decree dated 25th October 2024 before the Mathura Court. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2024 at 10:18:33

Accordingly, she has no objection to quashing of the FIR basis the settlement arrived at between parties and since all aspects of settlement have been duly complied with.

5.

Considering the above settlement between the parties and the chances of conviction of the petitioner being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Accordingly, the petition is allowed. Consequently, the FIR No.27/2022 dated 23rd March 2022 registered at Cyber Police Station Rohini under Section 67 of IT Act, 2000 and Section 509 IPC and proceedings emanating therefrom are quashed.

6.

Parties shall abide by the terms of settlement. 7.

Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous 8.

Order be uploaded on the website of this Court. ANISH DAYAL, J NOVEMBER 29, 2024/sm/sc The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/12/2024 at 10:18:33