ASHISH BHATIA Vs. STATE & ANR.

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioner, namely, Sh. Ashish Bhatia for quashing of FIR No.260/2012 dated 27.09.2012, under Sections 66A/67 IT Act, 2000 registered at Police Station Shalimar Bagh on the basis of Settlement Agreement entered into between the petitioner and the respondent nos.2, namely, Smt. Mona on 26.03.2015.

(2.) Learned Additional Public Prosecutor for respondent -State submitted that the respondent No.2, present in the Court has been identified to be the complainant/first informant of the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the marriage was solemnized between petitioner and the respondent no.2 on 14.05.2009 and soon after the marriage, the petitioner left the company of respondent no. 2. A case of domestic violence and one in the Women Cell, Kirti Nagar filed by the respondent no. 2 are pending against the petitioner. During the pendency of these matters, the petitioner visited the house of respondent no. 2 and forced her to withdraw the cases. When the respondent no. 2 denied doing so, the petitioner showed obscene photographs in his phone and started threatening her to upload the same on the internet. Respondent no. 2 lodged a complaint against the above said act of the petitioner in PS Hari Nagar after which the petitioner made a fake account in the name of the respondent no. 2 and uploaded her obscene photographs. When the respondent no. 2 requested the petitioner to close the account, he further threatened her to upload more photographs like that and he also informed the friends of the respondent no. 2 about the account. Thereafter, the complainant lodged a complaint at the instance of which, the FIR in question was registered. A compromise/Settlement was arrived at between the Petitioner and the Respondent no. 2 on 26.03.2015 before the counseling cell, Tis Hazari Courts, when the dispute was pending in the Court of Ld. Principal Judge, Family Court, Tis Hazari Courts, Delhi.