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CRL.M.C./8689/2024 of MR. GURPREET SINGH VOHRA & ORS. Vs THE STATE OF NCT OF DELHI & ORS.

Court
Delhi High Court
Decision date
2024-11-06
Case number
8689/2024

Parties

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 8689/2024

MR. GURPREET SINGH VOHRA

& ORS.

.....Petitioners

Through:

Mr. Sahil Mr. Samriddh

Sethi

Bindal,

Advs. Petitioners in person

versus

THE STATE OF NCT OF DELHI & ORS.

.....Respondents

Through:

Mr. Ashneet, APP for the State Inspector Satish Kumar, PS- EOW

Ms. Anukriti Kudesha, Mr. Akshay Nagpal & Mr. Mohit Kumar Dahiya, Advs.

Mr. Amarjeet Kaur Malik & Mrs. Rumina Malik, Advs. for R3 & R4 R2 to R4 in person

CORAM:HON'BLE MR. JUSTICE AMIT MAHAJAN

O R R% 06.11.2024

CRL.M.A. 33196/2024 & CRL.M.A. 33197/2024 (forexemption)

1.Exemptions allowed, subject to all just exceptions. 2.The application stands disposed of.

CRL.M.C. 8689/2024 & CRL.M.A. 33198/2024

3.The present petition is filed seeking quashing of FIR No. 74/2024 dated 13.06.2024, for offences under Sections 420/406/34 of the Indian Penal Code, 1860 (‘IPC’), registered at

Police Station Economic Offences Wing, including all consequential proceedings arising therefrom. The said FIR was registered on complaint filed by Respondent No. 4.

4.It is alleged that the dispute in the present case arose after Petitioner Nos.1 & 2 did not allow Respondent Nos. 3 & 4 – who were equal shareholders and directors of Tulip Institutional Services Private Limited to participate in the day-to-day affairs of the company. Respondent No.4 further alleged forging signatures in board meetings, diversion of business as well as financial inconsistencies which led to registration of the FIR in the present case.

5.The present petition is filed on the ground that the matter is amicably settled between the parties by way of Mediated Settlement Agreement dated 08.09.2024, with the intervention of Mediators appointed by the learned National Company Law Tribunal, on their own free will, without any fear, force, coercion, or undue influence. Out of the total settlement amount of ₹17,50,00,000/-(Rupees Seventeen Crores Fifty Lakhs Only), an amount of ₹13,50,00,000/- (Rupees Thirteen Crores Fifty Lakhs only) already stands paid to the respondents and the balance amount of ₹4,00,00,000/- (Rupees Four Crores only) is handed over today in Court by way of demand drafts in the following manner:

6.The learned counsel for the complainant submits that the parties have settled all their disputes and entered into settlement agreement dated 08.09.2024.

7.The parties are present in person before the Court today and have been duly identified by the Investigating Officer.

8.The complainant is present in Court and, on being asked, states that she does not wish to pursue any proceedings arising out of the present FIR.

9.Offences under Sections 420/406 of the IPC are compoundable in nature.

10.Keeping in view the nature of dispute and that the parties have amicably entered into settlement, this Court feels that no useful purpose would be served by keeping the dispute alive and continuance of the proceedings would amount to abuse of the process of Court. I am of the opinion that this is fit case to exercise discretionary jurisdiction under Section 482 of the CrPC.

11.In view of the above, FIR No. 74/2024 and all consequential proceedings arising therefrom are quashed.

12.The present petition is allowed in the aforesaid terms.

13.Pending application(s) also stand disposed of.

AMIT MAHAJAN, J

NOVEMBER 6, 2024