Alexis Global & ORS. v. State (Govt. Of NCT Of Delhi) & ANR.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2380/2016 ALEXIS GLOBAL & ORS.

..... Petitioners Through:

Mr.

Dayan Krishnan, Senior Advocate along with Mr. Sanjay Abbot & Mr. Arshdeep Singh, Advocates.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel and Mr. Jamal Akhtar, Advocate along with Inspector Madhukar Rakesh, for the State.

Mr. Kumar Ankur & Mr. Bipul Kedia, Advocates along with Mr. Atul Kumar and Mr. V.D. Moorthy, Directors in person, for respondent No.2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 12.08.2016 Issue notice. Learned counsel accepts notice on behalf of the State. Notice is accepted on behalf of respondent no.2 as well. The directors of respondent No.2 Mr. Atul Kumar and Mr. V.D. Moorthy are also present.

They have also produced their Driving License and Aadhar Card as proof of their identity. They are also identified by Inspector Madhukar Rakesh, I.O., who is present in Court.

This petition has been preferred to seek the quashing of the FIR No.82/2016 dated 03.06.2016 under Sections 409/ 420/ 468/ 471/ 120B IPC and Section 66 of the IT Act, 2000 registered at Police Station - Economic Offences Wing, Delhi and the proceedings emanating therefrom. The petition is premised on a settlement dated 24.06.2016 arrived at between the petitioner accused and the complainant.

Learned counsel for the petitioner submits that in terms of the settlement, the petitioner has already paid Rs.1.25 Crores to the complainant. This position is also acknowledged by the directors of the complainant Mr. Atul Kumar and Mr V.D. Moorthy. Mr. Krishnan submits that the petitioner has also transferred 33% shareholding in the company in question, namely in M/s Sigma Supply Chain Solutions Pvt. Ltd. Even this position is acknowledged by the directors of respondent No.2. Mr. Krishnan submits that the petitioner has already withdrawn the proceedings initiated against the said company and its directors before the Company Law Board. This position is also acknowledged by the directors of respondent No.2. Since the petition has been preferred even before the filing of the charge-sheet, i.e. at the initial stage itself and since the parties have arrived at a settlement, I am inclined to quash the present FIR and the proceedings arising therefrom subject to terms.

Accordingly, the FIR in question and the proceedings arising therefrom are quashed subject to deposit of costs of Rs.50,000/- in the Prime Minister's National Relief Fund within two weeks. The receipt of deposit of

costs be provided to the Investigating Officer. Dasti.

VIPIN SANGHI, J AUGUST 12, 2016 B.S. Rohella