SHAILABH MENDIRATTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has sought quashing of FIR No. 134 dtd. 7/3/2019, under Ss. 386 and 506 IPC, registered at Faridabad Central, Faridabad (Annexure P-3), Report under Sec. 173(2) Cr.P.C. dtd. 3/6/2019 (Annexure P-5) and all subsequent proceedings arising therefrom.

(2.) Learned counsel for the petitioner submits that the petitioner, who is 26 years of age, graduated from the Maharashtra Institute of Technology (MIT Pune) in Computer Science and has worked with Google. The grandfather of the petitioner namely Amir Chand Mehndiratta and the father of the complainant namely Mehar Singh had a shared holding to the extent of half share each in M/s Friends Auto (India) Private Limited. The company has a turnover of Rs.250.00 crores and is in manufacturing of automotive parts at Faridabad. After the death of the grandfather of the petitioner, the father of the petitioner and his uncles became the owners being legal heirs of Amir Chand Mehndiratta to the extent of 38.40% of the total share holding of the company. The company was, thus, being run by the members of the petitioner's family and the family of respondent No.2.

(3.) The son of respondent No.2 had been inducted as a Director in the year 2017 without informing the Board of Directors or taking its consent which led to a dispute. The petitioner filed a civil suit for injunction at District Court Faridabad but the same was dismissed on 14/6/2019 with a direction to approach appropriate authorities as per law. Thereafter, they had filed a company petition before the Company Law Tribunal and the NCLT Delhi Bench by the order dtd. 8/11/2019, had directed the parties to maintain status quo (Annexure P-6). The family members of the petitioner and complainant were trying to settle the dispute and in furtherance thereto the petitioner had sent a message on Whatsapp to respondent No.2 on 7/3/2019. The message is reproduced herein under:-