The court may quash proceedings under Section 66A of IT Act based on a settlement between the parties if the offence is predominantly private in nature.

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

1. The present petition has been filed under Section 482 Cr. PC seeking quashing of FIR No 1601/2015 registered at PS Binda Pur, under Section 66A of IT Act. The chargesheet has been filed under sections 66C/66D & 67A of IT Act, 2000.

2. Briefly stated facts of the case are that the present FIR was lodged on the statement of respondent No.2 alleging therein that the petitioner had made a fake ID of the complainant and then uploaded some vulgar material with that fake ID.

3. However it is submitted that now the parties have reached on an amicable settlement vide settlement deed dated 17.09.2022 on following terms and conditions:

1.That the Second Party in his statement dated 06.08.2016 given before the Investigating Officer explained his actions which are the subject matter of the FIR No. 1601/2015 dated 18.11.2015, and on tendering unconditional apology by second party to the first party, both the Parties herein have decided and agreed to mutually settle the matter. That the Second Party states that there was/will never be any malice or ill will towards the First Party and her family members. With a view to close the matter amicably, the Parties have settled all their respective claims against each other.

2. That the First Party has agreed to withdraw the complaint made against the Second Party and therefore does not wish to pursue the FIR No.1601/2015 dated 18.11.2015 registered at PS: Binda Pur, Dwarka, Delhi, on the written assurance that the Second Party shall never get in touch with the First Party in future.

3. That the Parties have mutually agreed that they shall make statements before the Court or police authorities in this respect as and when required.

4. That both the parties are now married and have their own families and are living peacefully in different cities i.e. New Delhi and Gurugram respectively and have not been in touch over the last seven-eight years.

5. That all the disputes between the parties stand finally resolved and there is no ill will or malice against each other in any manner.

6. That the Parties have mutually agreed that the Second Party shall file a petition for quashing of the said FIR No. 1601/2015 dated 18.11.2015, it's charge sheet and other consequential proceedings arising therefrom before the Hon'ble High Court of Delhi on the basis of the instant Settlement Agreement and that the First Party shall have no-objection to the same and shall do any act necessary for ensuring quashing of the said FIR.

7. That the First Party undertakes to withdraw all the cases/complaint/petition against the Second Party, if any, and the same shall be deemed to have been withdrawn or be treated as null and void. The Second Party assures the First Party that under no circumstances, he or his family will get in touch with the First Party or her Family members in any manner. The Second Party also assures that he will not use the First Party's name or contents related to First Party like photographs, videos, emails, messages etc. on any public/social platform or any mode of communication with any individual in any event, the subject matter phone already stands seized by the Investigating Officer on 06.08.2016 and the Parties have not been in touch over the past seven-eight years. That the Parties have resolved and sorted out all the disputes between them out of their free will and without any pressure from any corner and without any coercion or undue influence from any side. The Parties are already leading independent lives. Both the Parties have got married, and are happily settled. The arrangement has been arrived at mutually and amicably.

8. That both the parties undertakes to sign, verify, file, appear, give their statements before the IO/Hon'ble High Court and do any other things necessary before the Hon'ble High Court of Delhi, before and during the Quashing Petition to be filed by the Second Party for Quashing of the FIR No. 1601/2015 dated 18.11.2015, without any defaul