Ashutosh Yadav & Anr. Vs State NCT of Delhi and Anr.

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$~97

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CRL.M.C. 9210/2024 & CRL.M.A. 35282/2024

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ASHUTOSH YADAV & ANR. .....Petitioners

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Through: Appearance not given.

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versus

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STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Aman Usman, APP for State with SI Manzoor Alam, PS. Cyber, South East. Mr. Ranjana Singh and Mr. Jitender Choudhary, Advs. for R-2.

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CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN

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O R D E R

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% 15.01.2025

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The present petition has been filed under Section 528 BNSS, 2023 seeking quashing of FIR No.21/2022 under Section 506 IPC and Sections 67 of IT Act read with Section 34 IPC registered at Police Station Cyber South East and all consequential proceedings emanating therefrom on the ground that the parties have arrived at a settlement.

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Notice was issued in the present petition on 26.11.2024.

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The learned APP for the State submits that since the FIR is an outcome of a family dispute and the parties have arrived at a settlement, the State has no objection in case the FIR in question is quashed.

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The petitioner nos.1 and 2, as well as, respondent no. 2 are present in Court and they have been identified by their respective counsel, as well as,

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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 30/01/2025 at 12:41:16

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by the Investigating Officer SI Manzoor Alam, PS. Cyber Police Station, South East.

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The brief facts of the case are that the petitioner no.1 (brother) and the respondent no.2 (sister) are siblings. The petitioner no.1 met the petitioner no.2 through Social Media and got married on 07.09.2021 which resulted in a family dispute, more particularly between petitioner no. 2 and respondent no. 2. The respondent no. 2 got the FIR registered against the unknown persons alleging that her objectionable morphed picture had been sent by someone to a friend of respondent no. 2. Investigation revealed involvement of petitioners as they wanted to teach the family of petitioner no. 1 and his sister/respondent no. 2, a lesson since they had opposed their marriage.

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During the pendency of the proceedings, the parties have arrived at a settlement, terms whereof were reduced in writing in the form of Settlement Deed dated 03.07.2024, which is annexed as Annexure P-4 to the present petition.

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It is a term of the settlement that the parties with the intervention of family and friends have resolved all their disputes amicably without any coercion or pressure.

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It is also a term of the settlement that the respondent no.2 will cooperate with the petitioners for the quashing of the present FIR. The petition is also supported by the affidavit of the respondent no. 2.

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The respondent no.2, on a query posed by the Court, states that she has no objection in case the FIR is quashed.

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In view of the fact that the parties have arrived at a settlement, no useful purpose will be served in continuing the proceedings, rather the same would create further acrimony between them.

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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 30/01/2025 at 12:41:16

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It is, thus, in the interest of justice that the present FIR and all the other proceedings emanating therefrom be quashed.

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Consequently, the petition is allowed and the FIR No.21/2022 under Section 506 IPC and Sections 67 of IT Act read with Section 34 IPC registered at Police Station Cyber South East alongwith all other proceedings emanating therefrom, is quashed.

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The petition stands disposed of in the above terms.

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Order be uploaded on the website of this Court.

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VIKAS MAHAJAN, J

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JANUARY 15, 2025/dss

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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 30/01/2025 at 12:41:16

Ashutosh Yadav & Anr. v. State NCT of Delhi and Anr.

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Ashutosh Yadav & Anr. v. State NCT of Delhi and Anr.

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