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High Court of DelhiCRL.M.C./7743/2024

Parveen Kumar v. The State (NCT Of Delhi) & ANR.

2024-09-30Hon'Ble Mr. Justice Manoj Kumar Ohri3 pages

$~66 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7743/2024 & CRL. MA 29529/2024 PARVEEN KUMAR .....Petitioner Through:

Mr. Tarun Gahlot, Advocate with petitioner in person.

versus THE STATE (NCT OF DELHI) & ANR .....Respondents Through:

Mr. Manoj Pant, APP for State with Inspector Devinder Kumar and SI Vishal PS Cyber, OND, Bawana, Delhi Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 30.09.2024 1.

The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 45/2023 registered under Sections 500/509 IPC and Sections 66C & 67 of the IT Act at Police Station Cyber/OND, Bawana, Delhi on the ground that the parties have amicably settled their disputes. 2.

As per the allegations levelled in the FIR, the petitioner created a fake profile impersonating the respondent No.2 on social media and posted objectionable photographs on the profile.

3.

Mr. Manoj Pant, 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. Learned APP further states that charge-sheet has been filed and charges are yet to be framed. He further The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

states that considering the serious nature of averments/allegations and that the state machinery has been put in action, the petitioner may be saddled with heavy costs. He further states, on instructions, that none of the objectionable photographs were of respondent no.2 but rather belonged to other people.

4.

Learned counsel for the petitioner submits that the present FIR was registered due to misunderstanding and with the intervention of respectable members of society, parties have amicably settled their disputes vide Settlement Agreement dated 12.09.2024, a copy whereof has been placed on record. In terms of the said settlement, complainant is now left with no claim or grievance against the petitioner.

5.

The petitioner, who is present in Court, has been identified by his counsel as well as the I.O./ Inspector Devinder Kumar and SI Vishal PS Cyber, OND, Bawana, Delhi. Respondent No. 2 is also present in Court and has been identified by 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 she has entered into the aforementioned settlement agreement out of her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed. 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 cumulative cost of Rs.20,000/- to be paid to the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent No.2 by way of demand draft through IO within four weeks from today.

9.

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

10.

In case the proof of payment of cost is not filed within four weeks, the IO shall be at liberty to move an appropriate application in this regard. MANOJ KUMAR OHRI, J SEPTEMBER 30, 2024/rd The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.