The judgment establishes that a petition for quashing an FIR based on serious allegations of extortion and blackmailing may not be maintainable at the stage of a pending investigation, especially when supported by evidence.

JUDGMENT

Arvind Singh Sangwan, J. - CRM No.6382 of 2020

1. Heard.

2. Allowed as prayed for.

3. Document (Annexure P25) is taken on record subject to all just exceptions.

CRM-M No.5882 of 2020 (O&M)

4. Prayer in this petition is for quashing of FIR No.216 dated 04.06.2019 registered under Sections 120-B, 384, 385, 388, 465, 468, 469, 464, 467, 389, 420, 506, 471, 476, 511 of the Indian Penal Code, 1860 (in short IPC) at Police Station Udyog Vihar, Gurugram, District Gurugram and all other subsequent proceedings arising therefrom.

5. Learned senior counsel for the petitioner has argued that the petitioner is presently residing in U.S.A. and has filed the present petition through his power of attorney. It is further submitted that the petitioner is possessing the qualification of L.L.B. and L.L.M. and is a practicing Advocate in Delhi and is a member of the Supreme Court Bar Association. It is argued that as per the allegations in the FIR, registered at the instance of respondent No.2/complainant, he is working as a Chief General Manger of Indiabulls Group of Companies at Gurugram and the company is having good reputation. The complainant received a phone call in the last week of April, 2019 from a person who told him that he is a well-wisher of Indiabulls Group of Companies and he has many internal documents in his possession which can damage the reputation of his company. The said person threatened that he will circulate the same in the various department and can cause huge financial loss in thousand of crores of rupees to his company. When the complainant enquired about his name and to disclose his identity, the caller said, for that complainant will have to meet him. Again on the next day, a similar call was received from Phone No.9899419447, 9870278925 wherein, the called asked him to make a call from the WhatsApp or internet application and not to call on landline. He further threatened that the complainant will face dire consequences if he fail to meet his demand and upon this, the complainant requested him to share the information through documents and e-mails. On 27.05.2019, the senior official of the complainant also received a call from a person named Vikas Shekhar on WhatsApp in which again the same story was repeated and when the complainant did not respond, he threatened that they are not taking him seriously. As per further allegations in the FIR, this happened again and in order to check the veracity of Vikas Shekhar as to what is his demand, when asked the caller, he informed him that the complainant should pay Rs.10 crores in two parts. Rs.5 crores as initial installment where he will show the copy of the complaint sent to various government department and second installment of Rs.5 crores after the withdrawal of the complaint. The FIR further states that believing that Vikas Shekhar and his associates are a gang of blackmailing and cheaters who by creating false complaints and distorted reports are making extortion calls to the complainant, the police was requested to register an FIR against Vikas Shekhar and his associates and accordingly, the FIR was registered.

6. Learned senior counsel for the petitioner has further argued that thereafter co-accused Vikas Shekhar was arrested and in his disclosure, he made the following statement:-

' During this period, I met 'Dr. Kislay Pandey' who is practicing Advocate in Delhi and with the passage of time, I started look after the work relating to his private business and had become very close to him, That Dr. Kislay Pandey made me understand during the discussion that to purchase shares of 2-3 Finance companies and thereafter, after few days, the money can be usurped by leveling false allegations against the companies from which, the shares have been purchased. As per his directions, I worked and purchased few shares of Indiabulls company and DHFL Finance Companies.