MAHESH KUMAR RATHI Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioner under Articles 226 & 227 of the Constitution of India read with Section 482 of the Cr.PC praying inter alia for quashing of FIR No.101/2009 lodged by the respondent No.2, under Sections 380/420/471/120B IPC, registered with PS Vasant Kunj.

(2.) It was the case of the respondents No.2 & 3/complainants that the petitioner, who is an employee of a Share broking company, Manog Securities Ltd., visited their residence on- 11.10.2008 and unauthorizedly took away certain signed blank delivery slips of their Demat accounts maintained with HDFC Bank, and subsequently they came to know that there were alterations of their holdings in the said accounts. This resulted in filing of the aforesaid FIR and case is stated to be at the stage of filing of the challan. The petitioner was arrested on 2.8.2009. He applied for grant of bail before the Court of learned District Judge-cum-ASJ.

(3.) In the course of the proceedings before the District Judge, the parties state that they have arrived at a settlement, as recorded in the order dated 21.12.2009 (Annexure P- 4). In terms of the settlement, the petitioner has agreed to pay a sum of Rs. 8,00,000/- to the respondents No.2 & 3 towards the value of the shares stated to have been debited to the Demat accounts of the respondents No.2 & 3. Out of the amount of Rs. 8,00,000/-, a sum of Rs. 5,00,000/- was paid on 3.9.2009, and the remaining amount of Rs. 3,00,000/- was paid to the respondents No.2 & 3 on 21.12.2009. The respondents No.2 & 3 also stated before the District Judge that they would co-operate with the petitioner in filing of the present petition. They are present and confirm the aforesaid position.