Natasha Naha And Another vs State Of Uttarakhand And Another

Ravindra Maithani, J

The instant petition under Section 482 of the Code of Criminal Procedure, 1973, has been preferred by the petitioners for quashing of the charge sheet dated 31.01.2023 and the summoning order dated 20.03.2023 (Case Crime No.86 of 2022, under Sections 506 IPC and Section 67 of the Information Technology Act, 2000, Police Station Mukhani, District Nainital), passed in Criminal Case No.1730 of 2023, State Vs. Debroop Naha and Another, by the court of Chief Judicial Magistrate, Nainital, District Nainital (“the case”) as well as the entire proceedings of the case, on the basis of amicable settlement between the parties. A joint compounding application has been filed along with the affidavits.

Heard learned counsel for the parties and perused the record.

According to the FIR, the petitioner no.2 and the respondent no.2 (“the infomant”) were friends. The FIR records that the petitioner no.2 forwarded some intimate videos of the informant to the petitioner no.1, his mother. They were further transmitted to the father of the informant. It is this FIR in which after investigation, chargesheet was submitted.

On 19.06.2024, the Co-ordinate Bench of this Court had directed the parties to file a compounding application.

Learned counsel for the parties would submit that parties have settled the dispute amicably. Now, they do not want to proceed further.

Learned counsel for the petitioners would submit that the petitioner no.2 and the informant were in relationship, but they had a breakup. The petitioner no.2 forwarded the intimate videos to the petitioner no.1, his mother. It reached to the father of the respondent no.2.

The petitioners, the respondent no.2, the informant and the father of the respondent no.2, Ranjeet Singh Bisht, are present in person before the Court, as identified by their respective counsel. They have accepted the compromise.

The Court particularly asked the informant and her father. They both have stated that now they do not want to proceed with the case. They have settled the dispute amicably.

Having considered the nature of offence and all the attending factors, this Court is of the view that it is a case, which may be decided on the basis of amicable settlement between the parties. Accordingly, the petition deserves to be allowed.

Accordingly, the petition is allowed. The chargesheet dated 31.01.2023, Cognizance Order dated 20.03.2023, as well as the entire proceedings of the case, are hereby quashed.

Compounding Application No. 01 of 2024 stands disposed of, accordingly.