S. L. Maloo v. Ms. Pooja Jhingan & Ms. Surbhi Jain

1. These two petitions bearing Nos. Crl. M.C. 802/2009 and Bail Application 546/2009 were filed by the petitioner. Both these matters were referred to the Delhi High Court Mediation and Conciliation Centre and were stated to have been settled between the petitioner and respondent no. 2, Ms. Pooja Jhingan & respondent no. 3, Ms. Surbhi Jain i.e. the complainants.

2. Briefly stated the facts of the case are that case under Section 406 IPC was registered vide FIR No. 168/2008 registered by PS Economic Offences Wing against S. L. Maloo/accused on the complaint of the aforesaid two ladies. 2011:DHC:8939 / <

3. When the matter was still pending for investigation, the

4. petitioner/accused S.L. Maloo had filed an anticipatory bail application bearing No. 546/2009 under Section 438 Cr.P.C and a petition for quashing of the FIR. Both these matters had been filed almost 6 years ago. A number of opportunities were given to the parties to explore the possibility of a settlement, which ultimately culminated in the fruitful result on 25.7.2011 before the learned Mediator. Terms and conditions of the settlement are as under: a) "The petitioner pursuant to the proceedings in Bail Application No. 546/2009 as recorded on 23.2.2010, and 25.2.2010 has deposited ~ 40,00,000/- with the Registrar General of Delhi High Court. The parties agree that the respondent nos. 2 & 3 shall be paid the entire amount of the said amount of ~40,00,000/- (Rupees Forty Lacs) alongwith interest due thereon upto date of payment and the petitioner will have no claim over this amount and the amount be released equally amongst respondent nos. 2 &

3. b)· After the receipt of the amounts as stated above, the respondent nos. 2 & 3 shall not have any claim of whatsoever nature against the petitioner or against his company and the respondents have no objection if the FIR bearing No. 168 of 2008 with Economic Offences Wing is ordered to be quashed by this Hon'ble Court. c) In between respondent no. 2 has also filed a civil suit bearing No. CS(OS) No. 641 of 2010. In view of the settlement arrived between the parties, respondent no.2 shall withdraw the said suit against all the defendants." Ms. Pooja Jhingan has already filed an affidavit supporting the settlement and her no objection to the quashing of the FIR. The learned counsel for the complainants was directe~Jce on record the affidavit of the other co-complainant, Ms. Surbhi Jain in this regard. This affidavit has been handed over by learned counsel for the complainants in the Court today. I have gone through the said affidavit and the same is taken on record.

5. Since both the complainants, Ms. Pooja Jhingan and Ms. Surbhi Jain have no objection to receipt of an amount of ~40 lacs in equal propositions towards the full and final settlement of their } claims from the petitioner, which has been deposited with the learned Registrar General of this Court, therefore, they have no objection to the quashing of the FIR.

6. In addition to this, respondent no.2/complainant is also required to withdraw a civil suit that was purported to have been filed by her bearing CS(OS) No. 641/2010 in the High Court of Delhi as part of the terms of the settlement.

7. I have heard the learned counsel for the parties. Having regard to the totality of the circumstances, no useful purpose will be served by continuing the present case. In view of the settlement having been arrived at between the accused S.L. Maloo and the complainants, the FIR No. 168/2008 registered under Section 406 IPC PS Economic Offences Wing is quashed subject to the following conditions:

(i) That the amount of ~40 lacs alongwith interest accrued thereon, if any, shall be released by way of two separate cheques of equal amount in favour of Ms. Pooja Jhingan and Ms. Surbhi Jain.

(ii) The respondent no.2, namely, Ms. Pooja

Jhingan/complainant shall withdraw the civil suit bearing no. CS(OS) No. 641/2010 and the certified copy of the same shall be produced before the learned Registrar General of this Court whereupon, the amount shall be released to them.

(iii) On release of the amount to the respondents/complainants and on production of the order of the withdrawal.within a period of ten days from today, the passport which is stated to have been deposited with the 1.0 by the petitioner shall be released to the petitioner.

(iv) On completion of the aforesaid conditions, the FIR NO. 168/2008 under Section 406 IPC by PS Economic Offences Wing and in consequent proceedings/investigation shall stand quashed.

8. With these directions, the matter stands disposed of. Parties to appear before the Registrar General on 30th August, 2011 for,. receipt of the amount and for production of the certified copy of the withdrawal of the suit.

9. So far as the anticipatory bail application is concerned, the same is dismissed as having become infructuous in view of the aforesaid order.