PUNISH JINDAL Vs. STATE

JUDGEMENT

(1.) THIS is a petition filed by the petitioner for quashing the FIR No. 17/2008 registered at P. S. Economic Offences Wing under Sections 120b/408/420/467/468/471/477a IPC on a complaint filed by respondents no. 2 and 3 partners of M/s Elixir Web Solutions who after taking their internal audit found that the petitioner was siphoning off money from the company's account by committing forgery and by opening bogus accounts in different names from where money was withdrawn from time to time. It has been submitted before this Court that the parties have entered into a compromise and on the basis of a compromise the entire amount which has been siphoned away has been returned by the petitioner. A sum of Rs. 10,00,000/- were paid by the petitioner when a Memorandum of understanding was entered into between the parties on 01. 02. 2008 and the balance amount was paid on 22. 05. 2008 which was to the tune of Rs. 46,47,535/ -. As such it is submitted that once the parties have entered into a compromise an the respondents No. 2 and 3 who are the complainants have no objection to the dismissal of the complaint, no fruitful purpose will be served in continuing the proceedings. In fact, the parties have also made a statement before this Court on 26. 03. 2009 whereby the complainant, namely, mr. Vipul Prakash and Mr. Mohit Sareen have made a statement that they have sorted out the differences between the petitioner and does not want to pursue their complaint which is the basis of recording of the said FIR. The complainants have been identified by the investigating officers of this case.

(2.) LEARNED APP has opposed the compromise. It is submitted in the status report that:

(3.) AS such it is submitted that since in this case the petitioner is guilty of committing forgery of huge amount, the prayer made by the petitioner should not be accepted as it is a serious matter and involves commission of forgery and fraud not only on the respondents but even on public sector banks.