Aruna v. The State & Anr.

Delhi High Court · 03 Mar 2015 · 2015:DHC:10705
Sunita Gupta
CRL.M.C. 5290/2014
2015:DHC:10705
criminal appeal_allowed Significant

AI Summary

The Delhi High Court quashed a criminal FIR involving blackmail and threats on the basis of a settlement, imposing costs on the accused due to the serious nature of allegations.

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HIGH COURT OF DELHI
CRL.M.C. 5290/2014 & Crl. MAs 18049/2014 & 1218/2015
ARUNA Petitioner
Through: Ms.MeenuChoudhary, Advocate along with the petitioner /complainant in person
VERSUS
THE STATE & ANR. Respondent
Through: Ms Ritu Gauba, APP for the State/R-1 along with WSI Birmati, PS Naraina, Delhi.
Mr. Rahul Rohtagi, Advocate for R-2 along with R-2 in person
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
03.03.2015
ORDER

1. This is a petition u/s 482 Cr.P.C. initially filed by the petitioner/complainant impleading State and accused Mukul Pandey as respondents No. 1 & 2 respectively for quashing of FIR No. 422/14 u/s 384/385/387/354B/328/342 IPC registered with PS Naraina on the ground of settlement. Subsequently, amended memo of parties was filed whereby respondent No.2 was transposed as petitioner No.2.

2. The FIR in the instant case was registered on the basis of a complaint made by the petitioner/complainant alleging therein that respondent No.2 isknown toher for the last 10 years. On 14'** June, 2014, he took her to his brother's flat and gave a cold drink after taking which she felt giddy. On 3'"'^ August, 2014, the respondent blackmailed her and shown her three passport size photographs in nude condition and threatened to put the pictures on google and demanded Rs.l lac from her. On 31®^ August, 2015:DHC:10705 2014, Rs.[5] lacs were demanded and she was threatened. On the basis of this complaint, the aforesaid FIR was registered.

3. The present petition has been filed for quashing of the FIR on the ground that the complainant belongs to a middle class family and is likely to get married. The litigation and the case shall affecther matrimonial life and, as such, she does not want to pursue the present case.

4. The memorandum of understanding has also been filed to the same effect wherein the accused undertook not to interfere/obstruct, threat or harass the complainant or any ofher family members in future.

5. In view of the settlement arrived at between the parties, learned Additional Public Prosecutor for the State has no objection to the quashing ofthe FIR. However, it is submitted that since the allegations are serious in nature, respondent No. 2/accused should be burdened with costs.

6. Keeping in view the fact that the petitioner herself has filed the petition for quashing of the FIR and submits that she is not interested in pursuing the matter further as the same may cause trouble in her matrimonial life, in the peculiar circumstances of the case, the FIR NO. 422/14 u/s 384/385/387/354B/328/342 IPG registered with PS Naraina and the proceedings emanating therefrom are quashed but keeping in view the serious allegations, same is subject to costs of Rs.30,000/- to be deposited by respondent No.2/petitioner No.2-Mukul Pandey with Delhi High Court Mediation and Conciliation Centre within six weeks. Copy ofthe receipt be placed on record. The petition stands disposed of SUNITA GUPTA, J MARCH 03, 2015 rs