The court quashed the FIR based on a Settlement Deed acknowledging guilt and ensuring no further defamatory actions, emphasizing the need for closure in familial disputes.

1.The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking quashing of FIR No.124/2014 dated 16.10.2014, for offence punishable under Section 67 of the Information and Technology Act, 2000 (‘IT Act’), registered at Police Station Economic Offenses Wing.

2.The present FIR was registered on a complaint filed by Respondent No. 2. It was alleged that the petitioner had been sending obscene, threatening and defamatory messages to Respondent No. 2’s wife and his friends and relatives. It was alleged that the petitioner had sent various messages threatening to intensify the obscene/outrageous communication to outrage the modesty of Respondent No.2’s wife and also tried to extort ₹2 Crores from Respondent No.2. 3.The complainant / Respondent No. 2 had sought registration of the FIR under Sections 66A/67/67A of the IT Act and under Sections 354D/385/506/509 of the Indian Penal Code, 1860 (‘ IPC ’).

4.From a bare perusal of the FIR, it is apparent that various vulgar and obscene messages had been sent by the petitioner to the wife of Respondent No. 2. Prima facie, the messages are highly derogatory and do not merit reproduction in the present order.

5.On 21.01.2015, Respondent No. 2 also filed a Civil Suit, being CS(OS) No. 214/2015, seeking restraint orders against the petitioner. 6.During the pendency of the civil suit, the petitioner and the Respondent No. 2 and his wife settled the dispute and entered into a Settlement Deed / Memorandum of Understanding dated 03.11.2016, whereby the petitioner admitted to having maligned the reputation of Respondent No. 2 and his wife and also admitted to having abused them through the SMS, emails, WhatsApp etc.

7.The petitioner undertook that in future, he would not circulate, transmit, communicate any such messages. The petitioner also offered an unconditional apology for his acts. The relevant extract of the Settlement Deed dated 03.11.2016 (hereafter ‘the Settlement Deed’) are reproduced as under:

“1. That the First Party undertakes that in future, the First Party shall not circulate/transmit/communicate any message to/ in respect of the Second Party and/or Third Party, and their two daughters either directly or to the public at large, through SMS, Email, whatsapp, facebook or any other electronic mode or in writing or verbally which would amount to maligning the reputation or extending any threats or abuses to the Second Party and/or Third Party, or about their two daughters, or shall not circulate any SMS, email or any message via any other mode, print media, facebook, mobile, whatsapp etc. either to the Second & Third Party or their children or to any person regarding the Second Party or Third Party or their children.

2. That the First Party shall also offer unconditionally apology to the Second Party and Third Party for having extending certain messages maligning the reputation of the Second Party and Third Party and their two daughters and further undertakes not to repeat the same in future and also agrees that the First Party shall not in future make any claims, complaints and grievances against the Second Party and/or Third Party and their two daughters before any public authority, police authorities or either before any court / tribunal or before any authority discharging any sort of public function and shall not try to malign the image and reputation of the Second party and/or Third Party and their daughters in any manner and shall not interfere in the day to day life of the Second party and/or Third Party and their daughters.

3. That the First Party gives an unconditional undertaking that First Party shall not hurl any abuses or send any defamatory or derogatory SMS or abuses by any mode upon the Second Party and /or Third Party and their two daughters or in the public at large or through any other mode in future or any point of time. In future if the First Party ever tries to hurl any abuses or send any defamatory or derogatory SMSs or