The Delhi High Court has made a significant decision in the case involving M/s Caprise Financial Services and Bibek Singh Mehta. The FIR against the firm and Mehta has been quashed following an amicable settlement with the victims. This marks a positive resolution in the legal proceedings, ensuring justice for all parties involved. Read on to learn more about this important development.
Facts
- FIR was registered against a partnership firm called M/s Caprise Financial Services and its partners for cheating and breach of trust.
- Accused persons had convinced individuals to invest in the firm on the pretext of high returns.
- Investors made investments in the firm and transferred money to its bank accounts.
- Partners of the firm acted with malafide intentions and misrepresented the investments as unsecured loans in their books.
- The total amount cheated was approximately Rs. 6 crores involving 16 families and around 41 individuals.
- All victims settled their disputes amicably with one of the partners, Bibek Singh Mehta, receiving their share of 30% in the partnership firm.
- Partners of the firm had left their offices and became untraceable after the complaints were made.
- The Investigating Officer verified that all complainants settled the case with Bibek Singh Mehta and received the settlement amount.
- MoUs dated 05.02.2024 and 12.03.2024 were signed by all victims and the accused to settle the claims and agree to quash the FIR against Bibek Singh Mehta.
- Accused petitioner held a 30% partnership in the firm until 31.03.2020.
- Further victims also compromised with the petitioner as per the MoU dated 12.03.2024.
Analysis
- Sh. Aryan Rajpal, counsel for the complainants/victims, mentioned that all complainants have settled the dispute with the petitioner.
- Complainants have expressed their wish to not pursue the matter further.
- Affidavits from all victims confirming settlement and withdrawal of the case have been filed.
- The FIR and proceedings related to the petitioner are being quashed as all parties involved have settled the matter amicably.
- The concerned authority is directed to release the passport of the petitioner immediately.
- The amicable resolution between the parties without coercion is a key factor in quashing the FIR against the petitioner.
- Continuing the proceedings would only lead to further acrimony between the parties, hence quashing the FIR is justified.
- All complainants involved in the FIR have withdrawn their complaints against the petitioner.
- In a previous bail application, the petitioner was directed to surrender his passport.
Decision
- The trial of the other accused persons will not be affected by the partial quashing of the FIR for Bibek Singh Mehta.
- The present petition and pending applications have been disposed of.
- FIR No. 161/2022 at Police Station Economic Offence Wing, New Delhi, against Bibek Singh Mehta for offences under Sections 406/420/120B IPC and related proceedings have been quashed.
Case Title: BIBEK SINGH MEHTA Vs. STATE OF NCT DELHI & ANR. (2024:DHC:4036)
Case Number: CRL.M.C.-2116/2024
