CLETUS TREVOR SEQUIERA Vs. RAJALAKSHMI SHANBHAG

JUDGEMENT

(1.) PETITIONERS were the employees of M/s. Narus Networks Private Limited, a company incorporated under the Companies Act. The company had employed the first respondent as Director - Software Delivery, to function from its Bangalore Office. The company kept the first respondent under suspension, with effect from 15.03.2011, pending enquiry against her, for allegedly causing financial losses and other dispute which arose with a colleague, Sri Yogi Mistry. Company initiated an in house investigation against the first respondent and said Yogi Mistry, its Senior Vice President, Global Engineering, with regard to certain dispute. A report having been received, the company decided to take action against the first respondent. That on 20/22.05.2011, the first respondent having pleaded that she be allowed to resign from services, instead of the company terminating her, she tendered resignation on 25.05.2011 from the services of the Company. Simultaneously, a cheque for Rs. 3,89,320/ - and Experience Certificate dated 25.05.2011 and the provident fund details, etc., were delivered to her i.e., while accepting the offer of resignation. The company having issued a letter dated 25.05.2011 of termination of employment and lodged a complaint with Ulsoor Police Station, against the first respondent and her father, registered as Crime No. 185/2010 for the offences under Sections 408, 420, 406 r/w 34 IPC, which were not pursued, the first respondent filed an information on 26.05.2011, before Halasuru Police Station, Bengaluru and Amruthahalli Police Station, Bengaluru, against the petitioners. Halasuru Police registered the case on 27.05.2011, in Crime No. 177/2011, for the offences under Sections 420, 468, 471, 120B IPC. Reports were also filed before the Station House Officer, Law and Order, Amruthahalli Police Station, making certain allegations against the petitioners and some other employees of the company. After investigation, the police submitted charge sheets, registered in C.C. Nos. 27085/2011, 27087/2011 and 27086/2011, in the court of Chief Metropolitan Magistrate, Bengaluru. Crl.P. Nos. 6202/2011, 6233/2011 and 6234/2011, filed by the petitioners to quash proceedings against them, in view of the agreement entered into between the parties on 03.03.2012, were allowed.

(2.) THIS petition was filed to quash C.C. No. 22447/2012, pending in the Court of X Additional Chief Metropolitan Magistrate, Bengaluru, on the ground that it is of a civil nature and that the dispute has come to an end.

(3.) CRL .P. No. 6233/2011, filed to quash C.C. No. 27086/2011, in the Court of Chief Metropolitan Magistrate, Bengaluru, was allowed on 12.03.2012, by noticing that the dispute relates to termination of service of the first respondent by the company and the first information alleged for the offences was filed with a view to achieve immediate result relating to service benefits of the informant. Crl.P. No. 6234/2011, filed to quash C.C. No. 27087/2011, in the Court of Chief Metropolitan Magistrate, Bengaluru, was allowed on 12.03.2012, on the same ground.