Delhi High Court - Orders
Tarun Sadana & Ors vs State Of Nct Of Delhi & Anr on 26 September, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3175/2022 and Crl.M.A. No. 13386/2022
TARUN SADANA & ORS. ..... Petitioners
Through: Mr.Gautam Khazanchi and
Mr.Vaibhav Dubey, Advocates with
petitioner Nos. 1 to 4 through VC and
petitioner no.5 and 6 in person
(petitioner No.5 being the AR of
petitioner No.6 company)
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through: Mr.Tarang Srivastava, APP for State
With Inspector Virender
Mr. Rushab Aggarwal and Mr.Japnis
Singh Bhatia, Advocates for R-2 with
the AR of the R- 2 present through
VC
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 26.09.2022
The petitioners, namely, vide the present petition Tarun Sadana
Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur (also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited), seek the quashing of the FIR No. 202/2019 Police Station EOW registered under Sections 408/420/120-B of the Indian Penal Code, 1860 read with Section 66 of the IT Act, which FIR as stated by the Investigating Officer present now survives for the alleged commission of offences punishable under Sections 420/408/120B of the Indian Penal Code, 1860 alone.
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2022 16:56:54 This file is digitally signed by PS to HMJ ANU MALHOTRA.
The Investigating Officer present has identified the petitioner Nos. 1 to 5 Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur (present in the Court through video conferencing) and Naveen Kumar Alzhapur present in the Court today and also identified the petitioner No.5 as being the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited. The Investigating Officer stated that the petitioner Nos. 7 and 8 arrayed as accused to the present petition are Anhad Sadana and Vijay Thakur qua whom as per the Investigating Officer there is presently no charge sheet filed and as per the status report that has been submitted, the investigation is not yet complete and is complete as submitted by the State only qua the petitioners No.1 to 6 .
In relation to the prayer made by the said petitioner Nos. 1 to 6 Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur ( who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited) seeking quashing FIR No. 202/2019 Police Station EOW registered under Sections 408/420/120-B of the Indian Penal Code, 1860, the authorized representative of the respondent No.2 company, M/s Okaya Infocom Pvt. Ltd, Mr.N.K.Singhal, the vice-President, authorized vide Board Resolution dated 9.7.2022, copy of which has been place on record of the present petition vouches the correctness of the Memorandum of Understanding.
Placed on record is the copy of the Memorandum of Understanding as Annexure A-4 and authorized representative of respondent No.2 company states that in terms of the said settlement dated 10.7.2022, the litigations between the petitioners and the respondent No.2 as detailed in the said Memorandum of Understanding to the effect :
Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2022 16:56:54 This file is digitally signed by PS to HMJ ANU MALHOTRA.
S.No. Ref No. Court/P.S./Author Nature of case Filed by Filed
ity Against
1 FIR No. E.O.W. , Delhi FIR u/s First Party Second
202/2019 420/120B IPC (Okaya) Party
and u/s 66 IT
Act
2 CrlMisc ACJM, Complaint u/s Tarun Anil Gupta,
No. Chandigarh 200 CrPC Sadana MD Okaya;
661/2019 Ajay Arya,
CEO
Okaya;
Rajesh
Bansal, VP
Okaya;
Amit
Sharma
Exec.Okaya
3 Diary No Cyber Security Complaint Ajay Arya,
5229-5A Cell, Sec-17, CEO
Chandigarh Okaya;
Bharati
Sharma
AVP
Okaya;
Rajesh
Bansal, VP
Okaya;
Deepanshu ,
Okaya;
Sonu, IT
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:27.09.2022
16:56:54
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
Manager
4 Email DGP, Chandigarh Complaint Tarun Ajay Arya,
Dated Sadana CEO
19.11.201 Okaya;
Rajesh
Bansal, VP
Okaya;
Amit
Sharma
Exec.Okaya
5 NIL Greater Mohali Vigilance Tarun Okaya
Area Complaint Sadana Infocom Pvt
Development Ltd.
Authority
stand withdrawn and thus there is no opposition on behalf of the respondent No.2 to the prayer made by the petitioner Nos. 1 to 6, namely, Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur ( who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited) seeking quashing of the FIR in question.
As submitted by the learned counsel for the petitioners, the name of Mr.Vijay Thakur and Mr. Anhad Sadana, who are arrayed as the petitioner Nos. 8 and 7 respectively are also mentioned in the Memorandum of Understanding qua which the deposition has been made by the respondent No.2 and as per the said document, the settlement is stated to have been arrived at with the said petitioner nos. 8 and 7 as well as in terms of the Memorandum of Understanding dated 10.7.2022. The prayer made by the petitioners No. 8 and 7 is however, presently not being considered in view of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2022 16:56:54 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the submission made by the Investigating Officer to the effect that the charge sheet presently is only against the petitioner Nos. 1 to 6, namely, Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur ( who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited), and the aspect of the further investigation is still under consideration.
In view of the deposition of the respondent No.2 and the submissions made on behalf of the State by the learned APP for the State in reply to a specific Court query that there is no public machinery involved and that there has been no forgery of any public document and taking into account the deposition of the authorized representative of the respondent No.2 as well as the Memorandum of Understanding dated 10.7.2022 between the petitioner Nos. 1 to 6 and the respondent no.2 which do not indicate any monetary terms, it is considered appropriate to put a quietus to the litigation between the parties, i.e., petitioner Nos. 1 to 6 namely, Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur ( who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited) and the respondent No.2 qua the FIR No. 202/2019 Police Station EOW which now exits under Sections 408/420/120-B of the Indian Penal Code, 1860 is thus quashed.
However it will be open to the petitioner Nos. 7 and 8, namely, Anhad Sadana and Vijay Thakur to seek redressal in accordance with law in the event of any charge sheet being filed against them.
The petition is disposed of accordingly.
ANU MALHOTRA, J SEPTEMBER 26, 2022/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:27.09.2022 16:56:54 This file is digitally signed by PS to HMJ ANU MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item No. 4 Crl. M.C. 3175/2022 TARUN SADANA & ORS . Vs. STATE OF NCT OF DELHI & ANR.
CW-1 INSPECTOR VIRENDER SINGH Police Station EOW ON S.A. I am the Investigating Officer of the FIR No. 202/2019 Police Station EOW registered under Sections 408/420/120-B of the Indian Penal Code, 1860. There is no offence under Section 66 of the I.T. Act. There are six accused arrayed in the FIR. I identify the petitioner Nos. 1 to 6, namely, Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur present in the Court through video conferencing and Naveen Kumar Alzhapur ( who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited) present in the Court, as being the six accused arrayed in the FIR. The charge sheet has been presently filed against the petitioner Nos. 1 to 6 No charge sheet has been filed against the petitioner nos. 7 and 8, namely, Anhad Sadana and Vijay Thakur. I identify Mr. N.K.Singhal, the authorized representative of the respondent No.2 M/s Okaya Infocom Pvt. Ltd.as being the complaint of the FIR.
RO & AC ANU MALHOTRA, J
26.09.2022.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:27.09.2022
16:56:54
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
IN THE HIGH COURT OF DELHI: NEW DELHI Item No. 4 Crl. M.C. 3175/2022 TARUN SADAN & ORS . Vs. STATE OF NCT OF DELHI & ANR.
CW-2 MR.N.K.SINGHAL Authorized representative of M/s Okaya Infocom Pvt. Ltd. vide its Board Resolution dated 9.7.2022. On S.A. I am the Vice-President of M/s Okaya Infocom Pvt. Ltd. and in terms of the Memorandum of Understanding which has been signed by me the present litigation and all other litigations in relation to the cross FIRs as detailed in page 66 of the petition have been withdrawn in view of the settlement that has been arrived at between the respondent No.2 company and the petitioners. I state on behalf of the respondent No.2 that there is no opposition to the quashing of the FIR No. 202/2019 Police Station EOW registered under Sections 408/420/120-B of the Indian Penal Code, 1860 against the petitioner Nos.1 to 6 namely, Tarun Sadana, Yograj Sharma, Munish Sharma, and Nisha Thakur and Naveen Kumar Alzhapur (who is also the authorised signatory of petitioner No.6 M/s Flamantetek Private Limited).
RO & AC ANU MALHOTRA, J
26.09.2022.
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:27.09.2022
16:56:54
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.