Delhi High Court - Orders
Karthik Ganeshan Iyer vs The State & Anr on 3 August, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 278/2022
KARTHIK GANESHAN IYER ..... Petitioner
Through: Mr.Sameer Dawar, Advocate with
petitioner through Video
Conferencing
versus
THE STATE & ANR. ..... Respondents
Through: Ms. Rupali Bandhopadhya, ASC for
State with Inspector Amleshwar and
SI Jogender Singh
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 03.08.2022 The petitioner vide the present petition seeks the quashing of the FIR No. 10/21 Police Station Crime Branch, Rohini, Delhi, registered under Sections 354(C)/354(D)/503 of the Indian Penal Code, 1860 and Sections 66E/67A of the Information Technology Act, 2000, in view of the settlement stated to have been arrived at between the parties i.e., the petitioner and the respondent no.2 vide a settlement agreement dated 7.12.2021 pursuant to the directions dated 2.5.2022, the affidavit of the petitioner in terms thereof has been submitted on behalf of the State whereby it has been submitted that the Apple I-Phone of the petitioner which has been seized has since been handed over to the complainant in W.P.(CRL) 278/2022 Page 1 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
terms of the order dated 2.5.2022. The affidavit of the then Investigating Officer Inspector Jai Prakash dated 11.7.2022 has been verified by the present Investigating Officer identifying the signatures thereon, wherein it has been stated to the effect that the mobile phone of the accused i.e., the petitioner has since been handed over to the complainant and the receipt of the same has been placed on record as Annexure-A .
The deposition of the respondent No.2 has been recorded wherein she affirms the factum of the settlement agreement dated 7.12.2021 arrived at between the petitioner and the respondent No.2 and her affidavit dated 3.2.2022 which she states that she has signed voluntarily of her own accord without any duress, pressure or coercion from any quarter and also affirms the receipt dated 30.5.2022 and states that she has received the mobile phone of the petitioner containing the impugned incriminating material. Inter alia she states that the petitioner has apologized to her and has undertaken not to contact her any further, and that she does not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 10/21 Police Station Crime Branch, Rohini, Delhi, registered under Sections 354(C)/354(D)/503 of the Indian Penal Code, 1860 and Sections 66E/67A of the Information Technology Act, 2000 and that she has made her statement voluntarily of her own accord without any duress, pressure or coercion from any quarter.
The petitioner in replies to specific Court queries affirms having submitted his affidavit dated 12.7.2022 in terms of the directions dated 2.5.2022 stating therein inter alia to the effect:
3. I state that, accordingly, I have personally deactivated the subject Apple ID (Email:
[email protected]; Password: Radhika@l23) W.P.(CRL) 278/2022 Page 2 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
along with other cloud services and the same stands deleted/deactivated on 29.05.2022.
4. I state that I do not have access to the subject matter phone (which stands already seized by the IO). I state that neither do I have access to the abovesaid Apple Cloud ID. I further state that I do not have access to any of the photographs of the Respondent No. 2/any data related to her nor do I have any back up thereof on any other device. The said Apple ID cannot be accessed by anybody as the same now stands deleted/deactivated.", and further apologized to the respondent No.2 wholeheartedly and has undertaken as averred in the affidavit dated 12.7.2022 vide paragraph 5 of thereof:
5. I state that the Respondent No. 2 and I have not been touch with each other for over a year now and both of us are settled in different cities. I further undertake not to get in touch with the Respondent No.2 under any circumstance whatsoever.", and has also undertaken before this Court not to get in touch with respondent No.2 under any circumstances whatsoever.
The learned Additional Standing Counsel for the State also in replies to specific Court queries has submitted that there is no opposition to the prayer made by the petitioner in the circumstances of the case and in view of the statements of the petitioner and the respondent No.2.
It is essential however to ascertain the aspect of the deactivation of the subject Apple I-Phone Email ID (Email: [email protected]; Password: Radhika@l23) along with other cloud services as stated by the petitioner in his affidavit dated 12.7.2022 in relation to which the petitioner in replies to specific Court queries states that he has received a message W.P.(CRL) 278/2022 Page 3 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
from APPLE, the same be verified by the State and the status report in relation thereto be submitted by the State within two weeks, as prayed by the State.
Renotify on 30.8.2022.
ANU MALHOTRA, J AUGUST 3, 2022/sv W.P.(CRL) 278/2022 Page 4 of 4 Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.33 W.P.(Crl.) No. 278/2022 KARTHIK GANESHAN IYER versus THE STATE AND ANR. 03.08.2022 CW-1 INSPECTOR AMLESHWAR Police Station VIGILANCE ON S.A. ACP Jai Prakash, the previous Investigating Officer of the case has since been transferred and I identify his signatures on the affidavit dated 11.7.2022. In terms of the directions dated 2.5.2022, the Apple I Phone which had been seized from the petitioner and which had been received thereafter from the FSL has since been handed over to the complainant. I identify the petitioner who has joined the proceedings through video conferencing as being the sole accused arrayed in the FIR No. 10/21 Police Station Crime Branch, Rohini, Delhi, registered under Sections 354(C)/354(D)/503 of the Indian Penal Code, 1860 and Sections 66E/67A of the Information Technology Act, 2000. I identify the respondent No.2, present in the Court today through video conferencing as being the complainant of the FIR in question.
RO & AC ANU MALHOTRA, J
03.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:06.08.2022
17:17:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.33 W.P.(Crl.) No. 278/2022 KARTHIK GANESHAN IYER versus THE STATE AND ANR.
03.08.2022 CW-2 SAGARIKA MITRA D/O SANTANU MITRA AGED 32 YEARS R/O C-60, POCKET C, GANGOTRI ENCLAVE ALAKNANDA, NEW DELHI PREVIOUSLY R/O D-60B, 3RD FLOOR, MOTI NAGAR, NEW DELHI.
ON S.A. The settlement agreement dated 7.12.2021 between me and the petitioner bears my signatures thereon. Likewise my affidavit dated 3.2.2022 bears my signatures thereon both of which documents have been signed by me voluntarily of my own accord without any duress, pressure or coercion from any quarter. The receipt dated 30.5.2022 vide which I have received the mobile phone of the petitioner as directed by this Court also bears my signatures thereon. In view of the factum that the petitioner has since apologized to me and has handed over his I-phone containing the impugned material and has undertaken not to have any contact with me in future I do not oppose the prayer made by the petitioner seeking the quashing of the FIR No. 10/21 Police Station Crime Branch, Rohini, Delhi, registered under Sections 354(C)/354(D)/503 of the Indian Penal Code, 1860 and Sections 66E/67A of the Information Technology Act, 2000.
I have done Masters in Journalism and I am a journalist. I have made my statement voluntarily of my own accord without any duress, pressure or Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
coercion from any quarter after understanding the implications thereof. I do not need to think again.
RO & AC ANU MALHOTRA, J
03.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:06.08.2022
17:17:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI ITEM No.33 W.P.(Crl.) No. 278/2022 KARTHIK GANESHAN IYER versus THE STATE AND ANR.
03.08.2022 CW-3 KARTIK GANESHAN IYER S/O LATE SH. GANESHAN IYER AGED 30 YEARS, R/O A-405, ADITYA ANIRUDH AHIMSA MARG, CHINCHOLI BUNDER, MALAD, MUMBAI PREVIOUSLY R/O G-41, SUNDAR NAGAR, SV ROAD, CHINCHOLI BUNDER MALAD WEST, MUMBAI-40064 ON S.A. My affidavit dated 12.7.2022 bears my signatures thereon which I have signed voluntarily of my own accord without any duress, pressure or coercion from any quarter. In terms of the order dated 2.5.2022 of this Court I have personally deactivated subject Apple ID (Email:
[email protected]; Password: Radhika@l23) along with other cloud services and the same stands deleted/deactivated on 29.5.2022 and I do not have access to the subject phone (which stands already seized by the IO) and neither I have access to the aforementioned Apple Cloud ID. I further state that I do not have access to any of the photographs of the Respondent No. 2/any data related to her nor do I have any back up thereof on any other device. The said Apple ID cannot be accessed by anybody as the same now stands deleted/deactivated. I undertake as averred in paragraph 5 of my affidavit dated 12.7.2022 not to get in touch with the respondent No.2 in any circumstances whatsoever. I have since received a Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:06.08.2022 17:17:22 This file is digitally signed by PS to HMJ ANU MALHOTRA.
message on mobile No.8459383617 that the Apple ID (Email:
[email protected]; Password: Radhika@l23) along with other cloud services stands deactivated. I apologize to the respondent No.2 Sagarika Mitra, wholeheartedly.
RO & AC ANU MALHOTRA, J
03.08.2022
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:06.08.2022
17:17:22
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.