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ANOOP KUMAR MENDIRATTA
Khusbhoo Goswami – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Anoop Kumar Mendiratta, J. (Oral) - Petition under Section 482 of the Code of Criminal Procedure, 1973 (`Cr.P.C.') has been preferred on behalf of the petitioner for quashing of FIR No. 0035/2023, under Section 500/509 IPC, registered at P.S.: Cyber Police Station East, District East, Delhi and proceedings emanating therefrom.
2. In brief, as per the case of the petitioner, obscene messages were received by respondent No.2 on her Instagram account on 02.06.2023 from an unknown ID. The aforesaid ID was tracked and found to be of petitioner. FIR was accordingly registered under Sections 500/509 IPC at Cyber Police Station East, District East, Delhi. Section 67 of IT Act was subsequently invoked.
3. Learned counsel for the petitioner submits that respondent No.2 is the sister of petitioner's former husband namely, Abhishek Atri, and matter has been amicably settled between the petitioner and respondent No. 2 vide Settlement Deed dated 28.02.2024.
4. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
5. Petitioner as well as respondent No. 2 are present in person and have been
The court may quash criminal proceedings based on an amicable settlement between the parties, considering the nature and gravity of the offence and its impact on society.
The court emphasizes the importance of amicable settlements in private nature offences, allowing for quashing proceedings to maintain harmony.
The court quashed the FIR due to vague allegations lacking material evidence, emphasizing the need for specific claims to justify criminal proceedings.
The central legal point established in the judgment is the court's power to quash criminal proceedings based on the amicable settlement between the parties, considering the nature and gravity of the ....
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.
Section 482 preserves inherent powers of High Court to prevent an abuse of process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognises and pres....
Amicable settlement between parties can justify quashing proceedings in cases not involving heinous offences.
In personal disputes, if matters are settled amicably, a quietus should be put, and the court may quash ongoing criminal proceedings based on such settlements.
The court has the inherent power under Section 482 to quash criminal proceedings based on a settlement between the parties, with the aim of achieving substantial justice and preventing abuse of the c....
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