Amit Kumar & ORS v. The State ( Gnct Of Delhi) & ANR

$~88 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2004/2016 AMIT KUMAR & ORS ..... Petitioners Through : Mr. Brijender S. Dhull, Adv.

versus THE STATE ( GNCT OF DELHI) & ANR ..... Respondents Through :Ms. Nandita Rao, ASC with Ms.

Srilina Roy, Adv. and ASI Tej Ram, P.S. Najafgarh Mr.

Vikasdeep Sharma, Adv.

for respondent no. 2/complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.07.2016 Crl. M.A. No. 10466/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 2004/2016 Complainant is the CEO and Executive Director of M/s. Six Sigma Star Healthcare (P) Ltd.

Petitioners were the employees of the said company.

Present FIR under Sections 406/420 IPC read with Sections 66(2)/76/65 of the Information Technology Act, 2000 was registered at

Police Station Najafgarh on the complaint of respondent no. 2, wherein it has been alleged that petitioners had hacked the email ID of the said company and sent emails from time to time to various business associates and clients of the company including email dated 12th January, 2012, levelling therein false and defamatory allegations. During the investigations itself, petitioners and the complainant have settled their disputes amicably on the terms and conditions as stipulated in the Compromise Deed/Agreement dated 9th July, 2016 (Annexure P-1). Respondent no. 2/complainant is present in Court and submits that compromise has indeed been entered into between him on behalf of the company and the petitioners. He submits that in view of the compromise, respondent no. 2 is not interested in pursuing the FIR any further and the same be quashed.

Keeping in mind the nature of offence and more particularly the fact that petitioners and respondent no. 2 have compromised the matter at the threshold of investigation, in the interest of justice, FIR No. 236/2012 under Sections 406/420 IPC read with Sections 66(2)/76/65 of the Information Technology Act, 2000 registered at Police Station Najafgarh and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 15, 2016 rb