Star India Pvt Ltd v. Vikki Choudhry & Ors.

1. Petitioner through this petition had sought directions against the respondent nos. 1 and 2 for taking action against the alleged illegal action of respondent nos. 3 and 4.

2. Petitioner No. 2 – Mr. Vikki Choudhry was a majority shareholder in petitioner No. 1 and was also its Director and Authorized Representative. Mr. Vikki Choudhry, who is connected through VC submits that the company petitioner no. 1 has been stuck off the records of the Registrar of Companies.

3. Petitioner No. 2, respondent no. 3 and 4 were referred to mediation and mediation settlement dated 13.11.2022 has been CONT.CAS(C) 148/2017 & other connected matters 4 entered into. Copy of the settlement has been placed on record of W.P. (Crl.) 2311/2017.

4. I have perused the terms of the settlement and find the same to be lawful.

5. Mr. Vikki Choudhry who is connected through video conferencing seeks leave to withdraw the petition in view of the settlement between the parties.

6. In view of the above, the writ petition is dismissed as withdrawn.

7. Since this settlement is between two private individuals, the same will have no bearing on the rights or action of respondent nos. 1 and 2 – Union of India and would be without prejudice to their rights and contentions. CONT.CAS(C) 148/2017, CONT.CAS(C) 445/2017, CONT.CAS(C) 565/2017, CONT.CAS(C) 267/2018 & CONT.CAS(C) 546/2018

8. Petitioners seek leave to withdraw the petitions pursuant to the settlement agreement dated 13.11.2022.

9. Keeping in view the settlement between the parties and the nature of allegations, I am on the opinion that it would not be expedient or in the interest of justice to initiate proceedings of CONT.CAS(C) 148/2017 & other connected matters 5 contempt against the respondents.

10. In view of the above, the Petitions are dismissed as withdrawn. W.P.(CRL) 2311/2017

11. Petitioners seek quashing of FIR No. 238/2017 under Sections 67-A of the Information Technology Act, 2000, Section 292/293 read with Section 34 of the IPC and Section 4 of the Indecent Representation of Women (Prohibition) Act, 1986, Police Station New Friends Colony, New Delhi.

12. Complainant – Mr. Vikki Choudhry who is appearing through video conferencing submits that the complaint was lodged pursuant to a response received from the Union of India, however, he submits that since he has already settled his disputes with the respondents, he does not wish to press the complaint any further and seeks leave to withdraw the same and further submits that he has no objection to the quashing of the subject FIR. Copy of an affidavit to the above extent has been annexed with the settlement agreement.

13. Duly sworn affidavit dated 30.11.2022 has been tendered in Court. Mr. Vikki Choudhry confirms the affidavit that is tendered in Court. Accordingly, the same is taken on record.

14. This Court has perused the allegations made based on which the FIR has been registered and find that the allegations overwhelmingly CONT.CAS(C) 148/2017 & other connected matters 6 and pre-dominantly are having a civil flavour and emanate out of disputes of purely private nature.

15. This Court is satisfied that the allegations based on which the subject FIR was registered falls within the parameters laid down by the Supreme Court in ‘Ram Gopal & Anr. Vs. State of Madhya Pradesh, 2021 Online SC 834’ and as such I am satisfied that the ends of justice would be served in case the subject FIR is quashed.