Aanchal Sharma and Ors. vs. State of NCT of Delhi and Anr.
Background
Two former employees of a manpower services company were suspected of misusing their access to the company's software to make unauthorised changes that diverted company funds elsewhere, including 17 suspicious transactions worth about Rs. 15 lakh routed to a third petitioner (the brother of one of the ex-employees, who was an alleged beneficiary of the diverted money). An FIR for cheating was registered while investigation was still ongoing.
Decision Breakdown
Even though the investigation was still underway and no charge-sheet had been filed (meaning the offence could not yet be formally "compounded" through an application), the petitioners had already returned the full Rs. 25 lakh to the complainant company via demand drafts, and the company's representative confirmed in court, via video conference, that it had received the money, accepted the petitioners' apology, and had no objection to quashing. The Court quashed the FIR, but, unusually, made this conditional on the petitioners paying an additional Rs. 30,000 cost to the Delhi High Court Legal Services Committee within four weeks, as proof of deposit had to be filed with the investigating officer.
Lesson Learnt
Even in financial fraud cases involving companies, a full repayment plus a genuine, verified settlement can lead to quashing before a charge-sheet is even filed, but courts may still impose a monetary cost as a condition, especially since the underlying conduct still amounted to a breach of trust.