Allowed

Itesh Mitter @ Rahul @ Goldy v. the State (Govt. of NCT of Delhi) & Anr.

Delhi HC9 Sept 2024CRL.M.C./7117/2024

Case brief

AI extract

What is this about?

The High Court of Delhi quashed an FIR and related proceedings where parties settled amicably. The court directed the petitioner to deposit Rs.10,000 for counseling support, noting the grave nature of allegations and state machinery involvement.

What did the court decide?

Quashed FIR No.526/2022 and consequent proceedings; directed petitioner to deposit Rs.10,000 within four weeks for counseling/psychological support.

Itesh Mitter @ Rahul @ Goldy Vs the State (Govt. of NCT of… — Quashing and FIR | Delhi HC (2024)

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$~81

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 7117/2024, CRL.M.A. 27122/2024

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ITESH MITTER @ RAHUL @ GOLDY .....Petitioner Through: Mr. C.M. Sangwan and Mr. Saksham Aggarwal, Advocates with petitioner in person.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through: Mr. Sanjeev Sabharwal, APP for State with SI Narender, P.S. Vikaspuri. Mr. Rizwan Ali and Mr. Vikas Dudeja, Advocates for respondent No.2 with respondent No.2 in person.

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CORAM:

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HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R

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% 09.09.2024

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The present proceedings are instituted on behalf of the petitioner seeking quashing of FIR No. 526/2022 registered under Sections 354/506/509 IPC at P.S. Vikas Puri, Delhi on the ground that the parties have amicably settled their disputes.

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As per the allegations levelled in the FIR, the petitioner abused the respondent No.2 and took photos and videos of her against her wishes, causing her mental distress.

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Learned APP for the State, on instructions, submits that the petitioner is the only accused person and respondent No.2 is the complainant/victim in the present case. He, on further instructions, submits that the charge-sheet has been filed in the present FIR. He also submits that though the parties have compromised, some cost may be imposed upon the petitioner since the

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This is a digitally signed order. 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 12/09/2024 at 12:14:39

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State machinery has already been put in motion and the allegations are of grave nature.

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Learned counsel for the petitioner submits that the present FIR was registered due to a misunderstanding between the parties and that, with the intervention of family members and friends, the petitioner and respondent No. 2 have amicably settled their disputes vide MOU dated 28.08.2024, a copy of which has been placed on record. In terms of the settlement, the respondent No.2 has no remaining claims or grievances against the petitioners.

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The petitioner and respondent No.2, who are present in Court, have been identified by their respective counsels as well as the I.O./SI Narender, P.S. Vikaspuri.

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The petitioner has shown remorse for his conduct and undertakes to not repeat the same in future.

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Respondent No. 2 states that she has entered into the settlement with the petitioner 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.

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

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

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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 the payment of Rs.10,000/- to be deposited with the Delhi State

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This is a digitally signed order.

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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 12/09/2024 at 12:14:39

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Legal Services Authority (A/c No. 18580110053263, UCO Bank, Branch : Rouse Avenue, IFSC : UCBA0003364) within a period of four weeks from today. The amount so deposited shall be utilized by the DSLSA for providing counselling/psychological support to POCSO victims requiring such assistance.

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Proof evidencing receipt of deposit shall be filed with the I.O., failing which, the I.O. shall be at liberty to move appropriate application. 12. A copy of this order be communicated to the Member Secretary, Delhi State Legal Services Authority for intimation. 13. With the above directions, the petition is disposed of alongwith pending application.

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MANOJ KUMAR OHRI, J

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SEPTEMBER 9, 2024

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Itesh Mitter @ Rahul @ Goldy v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

What is this about?

What did the court decide?

Itesh Mitter @ Rahul @ Goldy v. the State (Govt. of NCT of Delhi) & Anr.

Case brief

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What did the court decide?

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