Nand Kumar Suraj Bhan Sharma And ANR v. The State Of NCT Of Delhi & ANR.

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3252/2025 NAND KUMAR SURAJ BHAN SHARMA AND ANR .....Petitioners Through:

Mr. Varun Kumar, Advocate.

versus THE STATE OF NCT OF DELHI & ANR.

.....Respondents Through:

Mr. Utkarsh, APP for State along with SI Amit Kumar, PS: Moti Nagar Ms. Rehana Ahmed, Advocate for R2.

CORAM:

HON'BLE DR. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 19.05.2025 CRL.M.A. 14311/2025 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 3252/2025 3.

By way of the present petition, the petitioners are seeking quashing of FIR bearing no. 189/2024, registered at Police Station Moti Nagar, Delhi, for the commission of offences punishable under Sections 408/420 of Indian Penal Code, 1860 (hereafter 'IPC') and all consequential proceedings arising therefrom.

4.

Issue notice. Mr.Utkarsh, learned APP accepts notice on behalf of the State.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Brief facts of the present case are that on 06.04.2024, a complaint was lodged by respondent no. 2 who is the manager (Head Operation) of M/S. Best Roadways Ltd. on the grounds that when the petitioner no. 1 & 2 had been appointed, they had given their undertakings in writing that they will always maintain high standards of secrecy and confidentiality of records, documents and information relating to the businesses of the respondent no. 2's company and when the petitioner no. 1 got transferred from Delhi to Mumbai corporate office, after getting promoted to the post of Manager (operation), he was in possession of the password of software of respondent no. 2's company along with all details of clients. The petitioner no. 2 herein, the son of the petitioner no.

1, became a transporter of M/s Priya Transline Ltd and used to place order to M/s Priya Transline Ltd. Initially, the petitioner no. 1 diligently handled customer interactions, quotations, and deal finalizations. However, after 2-3 years, the company noticed a decline in orders despite competitive rates. Upon investigating the losses, the officials found the petitioner no. 1 interfering with inquiries and discouraging scrutiny. It was also found that the petitioner no. 1 failed to provide trucks on time, affecting customer trust and also used to secretly forward quotations of respondent no. 2's company to his son/petitioner no. 2 who further provided the same on lower rates to the customers of respondent no. 2's company which resulted in heavy losses to the company. On the basis of the same, the respondent no.

2 registered the present FIR against the petitioners. By intervention of the respectable members of the society, the parties have now settled the matter vide Memorandum of Understanding dated 19.07.2024.

6.

The concerned Joint Registrar (Judicial) has already recorded the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

statements of the parties on 08.05.2025 regarding the agreement entered into, voluntarily between the parties vide Memorandum of Understanding dated 19.07.2024.

7.

Considering the same, the parties are present in person before this Court and have been identified by their counsels and Investigating Officer (IO) concerned.

8.

The complainant/respondent no. 2 who is present before this Court states that he has no objection, if the present FIR is quashed. 9.

In view of the above facts that the parties have amicably resolved their differences out of their own free will and without any coercion, this Court is of the opinion that no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. Hence, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. Moreover, there is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no. 189/2024, registered at Police Station Moti Nagar, Delhi, for the commission of offences punishable under Sections 408/420 of IPC and all consequential proceedings emanating therefrom are quashed subject to petitioners depositing a sum of Rs. 10,000/- each with "Delhi Police Welfare Society" within a period of two weeks from today.

11.

Let the copy of the receipts be also filed with the Registry to show compliance of the order and also provide the receipt to the IO concerned. 12.

In view of above, the present petition stands disposed of. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

13.

The order be uploaded on the website forthwith. DR. SWARANA KANTA SHARMA, J MAY 19, 2025/vc Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.