$~21 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1492/2025 DEEPAK KUMAR .....Petitioner Through: Mr. Santosh Dixit, Advocate.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR ...Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State along with SI Anuradha, PS Harsh Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV NARULA

O R D E R

% 06.11.2025

1. The present petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, [“BNSS”] (corresponding to Section 482 of the Code of Criminal Procedure, 1973, [“CrPC”]) seeks quashing of FIR No. 945/2021 dated 21^st December, 2021, registered under Sections 354(D) and 506 of the Indian Penal Code, 1860, [“IPC”] read with Section 12 of Protection of Children from Sexual Offences Act, 2012, [“POCSO Act”] and Section 66E of the Information Technology Act, 2000⁵, at P.S. Harsh Vihar, Delhi and all consequential proceedings emanating therefrom.

2. Briefly stated, the case of the prosecution against the Petitioner is that a complaint was received from the Complainant/Respondent No. 2 (the victim), a college student, alleging that one Deepak, a resident of Harsh Vihar, had been harassing and blackmailing her. In her complaint, the victim stated that when she was about 16 years old and studying in school the accused used to follow her and persistently sought to befriend her despite her refusal. It is alleged that the accused obtained her home telephone number and begin calling her from his mobile number XXXXXX3906, inducing her to send objectionable photographs of herself on WhatsApp and also capturing certain intimate pictures without her consent. The complainant further stated that although she severed contact with the accused thereafter, he continued to harass her from different numbers and later, in November 2021, again contacted her pressurising her to meet him. Upon her refusal, the accused allegedly created a fake Instagram account uploaded her objectionable photograph and tagged her and her friends. When confronted, he admitted to having posted the image and threatened to upload more unless she complied with his demands. He thereafter repeatedly called and blackmailed her threatening to circulate her intimate photos and videos. On 20^th December 2021, the accused again threatened her over a phone call, the recording of which was preserved by the complainant. Consequently, based on the statement, the FIR was registered on 21^st December, 2021 at P.S. Harsh Vihar, Delhi.

3. The parties state that, with the intervention of respectable members of the society, they have amicably resolved the matter between themselves, and the Complainant/Respondent No. 2 has decided not to pursue the present FIR against the Petitioner. Pursuant to this settlement, a Settlement Deed

5 “IT Act”

dated 06^th November, 2024, was executed between the Petitioner and the Respondent No. 2.

4. A copy of the Settlement Deed has been placed on record and perused by the Court. As per its terms, Respondent No. 2 has mutually resolved all disputes and differences with the Petitioner and has agreed to voluntarily give her no objection to the quashing of the subject FIR.

5. The Complainant/Respondent No. 2, now an adult, appearing in person, duly identified by the Investigating Officer, unequivocally states that she does not wish to pursue the FIR proceedings. She submits that the matter has been amicably resolved between the parties and confirms that her decision to settle is voluntary and made without any undue influence or coercion. The Petitioner, who is also present in person and identified by the Investigating Officer, has expressed remorse and apologised for his past conduct, which the Complainant has accepted. She further states that she is presently pursuing her master’s degree and that undergoing the entire trial would cause her unnecessary trauma. It is also stated that ever since the case was lodged, the Petitioner has not attempted to contact her and has deleted all objectionable posts, and that no such