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Judgment
By this common order, S.B. Criminal Misc. Petition No.4958/2018 preferred by Imran Omer @ Mark Anderson and his wife Iti Omer @ Sara
Anderson against State of Rajasthan & M/s Trueworth Infotech Pvt. Ltd. and S.B. Criminal Misc. Petition No.4959/2018 instituted by Shri Rajesh
Mundra & Dhiraj Agarwal against State of Rajasthan &Â Iti Omer @ Sara Anderson, shall be decided together.
Mr. Rajesh Mundra is a Director of M/s Trueworth Infotech Pvt. Ltd. Mr. Rajesh Mundra who is present in court has been identified by his counsel
Mr. Rajeev Surana.
Mr. Rajesh Mundra has stated that besides him his wife is Director of the company. He has further stated that the Board of Companies by passing a
resolution has permitted him to withdraw any criminal proceedings initiated against the petitioners Imran Omer @ Mark Anderson and Iti Omer @
Sara Anderson.
Mr. Rajesh Mundra has further stated that on his instructions Dhiraj Agarwal General Manager of the M/s Trueworth Infotech Pvt. Ltd. had filed a
complainant against Iti Omer @ Sara Anderson and her husband Imran Omer @ Mark Anderson alleging therein that they being employees of the
company leaked out information to the rival company and thus have caused loss to M/s Trueworth Infotech Pvt. Ltd. It is stated that on basis of
complaint lodged by Dhiraj Agarwal General Manager of M/s Trueworth Infotech Pvt. Ltd. case FIR No.315/2016 dated 15.10.2016 was registered
at Police Station Vidhayakpuri, Jaipur(South) for offences under Sections 409, 420, 467, 468, 471 and 120-B IPC read with Sections 66, 66-D and 66-
E of Information Technology Act, 2000.
It is contended that Iti Omer @ Sara Anderson had also lodged FIR No.385/2017Â registered at Police Station Sadar, Jaipur for offences under
Sections 420, 465, 471 and 120-B IPC against Mr. Rajesh Mundra Director of M/s Trueworth Infotech Pvt. Ltd. and Dhiraj Agarwal General
Manager of the said company alleging therein that non-disclosure agreement was forged and the same never contained signatures of Iti Omer @ Sara
Anderson and her husband Imran Omer @ Mark Anderson.
Today Mr. Rajesh Mundra and Dhiraj Agarwal are present in court. They have been identified by their counsel Mr. Rajeev Surana similarly Imran
Omer @ Mark Anderson and Iti Omer @ Sara Anderson are present in court, they have been identified by their counsel Mr. Sneh Deep Khyaliya.
Counsel for the parties have submitted that due to intervention of the respectables and mutual friends a compromise has been arrived between the
parties and they have decided not to pursue the respective FIRs lodged by the parties against each other.
Mr. Rajesh Mundra and Dhiraj Agarwal have stated that they no longer intend to pursue the FIR No.315/2016 registered at Police Station
Vidhayakpuri, Jaipur(South) against Iti Omer @ Sara Anderson and her husband Imran Omer @ Mark Anderson.
Similarly Iti Omer @ Sara Anderson and her husband Imran Omer @ Mark Anderson are present in court. They have been identified by their counsel
Mr. Sneh Deep Khayliya. They also stated that they no longer intend to pursue the FIR No.385/2017 registered at Police Station Sadar, Jaipur for
offences under Sections 420, 465 471 and 120-B IPC.
It has been often held by the Courts that hour of the compromise is the finest hour between the parties and the Court while exercising its inherent
jurisdiction under Section 482 Cr.P.C. can quash the proceedings even qua non-compoundable offences.
Relying upon the case of Gian Singh Vs. State of Punjab & Another [(2012) 10 S.C.C. 303], learned counsel for the parties have pleaded that this
Court while exercising its inherent jurisdiction under Section 482 Cr.P.C. ought to quash the criminal proceedings, which have been amicably resolved.
Considering the fact that parties have amicably resolved their dispute, the principle established by the Apex Court in the case of Gian Singh [supra]
and in the interest of justice, this Court, hereby, quashes impugned FIR No.315/2016 registered at Police Station Vidhayakpuri, Jaipur(South) for
offences under Sections 409, 420, 467, 468, 471 and 120-B IPC read with Sections 66, 66-D and 66-E of Information Technology Act, 2000 and FIR
No.385/2017 registered at Police Station Sadar, Jaipur for offences under Sections 420, 465 471 and 120-B IPC, along with all subsequent
proceedings.
Resultantly, the present petitions are, hereby, allowed.