JASWANT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have sought for quashment of FIR No. 18/2018 registered with Police Station Kushkera, District Alwar for offences under Ss. 406, 420, 463, 464, 465, 468, 471, 471-A, 120-B, 506 and 34 IPC.

(2.) The challenge is on the ground that no offence is made out for which FIR was registered against the petitioners rather a pure civil dispute has been sought to be given a colour of criminal litigation.

(3.) Tiruputi Balaji Furnaces Pvt. Ltd. was registered under the Companies Act on 29/12/2006. Some of the petitioners and others were its initial Directors. In course of time, more Directors and shareholders were inducted in the company including the informant of the case, who is respondent No. 2 herein. Some differences arose amongst the Directors and to settle the same, a Memorandum of Understanding was signed on 7/10/2017 whereunder the petitioners sold their shares in favour of the new management consisting of Vishal Yadav (informant), Vinay Yadav and Vijay Kumar Yadav. The petitioners who were Directors/ Shareholders agreed to disassociate themselves from the Company. One of the terms and conditions of MOU was:-