IN THE HON’BLE COURT OF CMM/NDD
PATIALA HOUSE COURT, NEW DELHI
APPLICATION NO. OF 2023
In
CC No. 8925/2021
In the matter of:
State of NCT of Delhi & Ors ….Complainant
Versus
Mr. Ramesh Bhojwani …Accused/Petitioner/Applicant
FIR No. 14/2019
PS Special Cell
NDOH : 13.10.2023
AN APPLICATION FOR COMPROMISE WITH THE LEAVE OF THIS
HON’BLE COURT ON BEHALF OF THE ACCUSED
MOST RESPECTFULLY SHOWETH:
1. An FIR No. 0014/2019 dated 19.01.2019 u/Section 66 Information Technology
Act, 2000 and 408 IPC registered with P.S.- Special Cell (SB) Delhi . Complaint
for fraudulently/ dishonestly using/sharing complainant company
business confidential data/ record/information and thereby committing
Data Theft, Fraud and Cheating, dishonestly Misappropriation of data,
criminal conspiracy, Criminal Breach of Trust and other offences
punishable under Indian Penal Code Information Technology Act, was
registered against the Accused.
2. It is submitted that because of the aforesaid FIR, the Petitioner has not
been able to join or take up employment in any place connected with
the same industry and is jeopardizing the livelihood of the Petitioner.
The Petitioner’s wife has delivered a baby this year, The present
employer has also suspended the applicant for the false FIR that has
been lodged against him. Further the Applicant’s wife who was still
working with the complainant company has also been forced to resign
rendering the household of the applicant family without any source of
livelihood and Income therefore, the Petitioner prays for necessary
orders.
3. That on 22.04.2019, the Ld. Addl. Sessions Judge-02(FTC), Patiala House
Courts, New Delhi, was pleased to grant anticipatory bail to the
Petitioner. Copy of the Order dated 22.04.2019, passed by the Ld. Addl.
Sessions Judge-02(FTC), Patiala House Courts, New Delhi.
4. It is submitted that pursuant to the same, a Chargesheet has been filed
18.04.2023, where no case against the Accused has been made out.
Copies of the CDs were supplied to Accused on 18.04.2023. Thus the
threat of the present criminal proceedings continues to loom over the
Petitioner and his family and has become a permanent source of
impediment to the Petitioner to seek any source of employment.
5. It is also submitted that in the present criminal proceedings, no offence
is made out against the petitioner because the Petitioner had never
misused the emails or correspondences professionally or personally. The
Petitioner had in fact informed the Respondent No.2-Complainant
Company even after resignation that the Company emails were being
forwarded automatically in spite of his termination of employment, in
the month of November, 2018, itself. That therefore, the Petitioner is
not in any way liable or responsible for the alleged offence.
6. That because the present employer has also suspended the Petitioner
for the false FIR that has been lodged against him, and also the
Petitioner's wife who was still working with the Complainant Company
has also been forced to resign, the household of the Petitioner’s family is
suffering, without any source of livelihood and income, more so in light
of the Petitioner’s family has welcomed a new born to the family.
7. It is submitted that in the present matter, the complainant does not wish
to proceed further and expressed interest in closing the matter with
leave of the Hon’ble court, and nothing is required to be recovered from
the possession of the petitioner at his instance and all investigations
which were to be carried out are in the hands of the prosecution. That it
further pertains to a matter of Contract between employer and
employee, and at best, it may only attract civil proceedings. The Hon’ble
Supreme Court of India in the case of Ramgopal & Anr Versus The state
of Madhya Pradesh bearing CRIMINAL APPEAL NO. 1489 of 2012 with
Krishnappa & Ors Versus State of Karnataka 2012 bearing CRIMINAL
APPEAL NO.1488 of 2012 has held :
“the criminal cases having overwhelmingly and
predominating civil flavour stand on a different footing for the
purposes of quashing, particularly the offences arising from
commercial, financial, mercantile, civil, partnership or such like
transactions or the offences arising out of matrimony relating to dowry,
etc. or the family disputes where the
wrong is basically private or personal in nature and the parties have
resolved their entire dispute. In this category of cases, the High Court
may quash the criminal proceedings if in its view, because of
the compromise between the offender and the victim, the
possibility of conviction is remote and bleak and continuation of the
criminal case would put the accused to great oppression and
prejudice and extreme injustice would be caused to him by not
quashing the criminal case despite full and complete settlement
and compromise with the victim.
8. That the petitioner has not filed any other similar petition in this Hon'ble
Court or any other Court seeking compromise of FIR NO. 0014/2019
dated 19.01.2019 U/SECTION 66 INFORMATION TECHNOLOGY ACT, 2000
AND 408 IPC REGISTERED WITH P.S.- SPECIAL CELL(SB).
PRAYER
It is, therefore, most humbly and respectfully prayed that this Hon’ble
Court may kindly be pleased to grant
a. Leave to compromise the FIR NO. 0014/2019 dated 19.01.2019
U/SECTION 66 INFORMATION TECHNOLOGY ACT, 2000 AND 408 IPC
REGISTERED WITH P.S.- SPECIAL CELL(SB), registered against the
Accused/Petitioner/Applicant; and
b. Pass Any Other Order Or Direction As This Hon’ble Court May Deem
Fit And Proper In The Facts And Circumstances Of The Case.
FILED BY
ADEEL AHMED/ SANA PARVEEN
Advocate For The Accused/Petitioner/Applicant
NEW DELHI
13/10/2023
