MANOJ SINGHAL Vs. RAJENDRA SINGH BAPNA

JUDGEMENT

(1.) This petitioners have filed the present petition under Section 482 of Cr.P.C. for quashment of private complaint dated 26/05/2017 which is pending before the JMFC, Indore for offences under Sections 323, 294, 500 and 506-B of IPC.

(2.) The respondent no.1 was initially appointed as Manager Pharmacy with Bombay Hospital Indore vide appointment order dated 3/11/2003. After employment, the services of the respondent seemed satisfactory, however, on account of perpetual nuisance and poor work performance, the respondent no.1 was issued a warning for which he also submitted a written apology. Inspite of warnings, the performance of respondent no.1 remained poor and, therefore, his services were terminated vide order dated 30/05/2016. When the Management issued a termination letter to respondent, he started throwing tantrums and became very aggressive. Respondent no.1 also tried to commit suicide by trying to jump from the first floor of the hospital, but was saved by the Management just in time. Intimation to this effect was also given to Lasudiya Police Station on 30/05/2016.

(3.) On the contrary, the respondent no.1 filed a frivolous and false complaint with Police Station Lasudiya that, the petitioner no.1 man-handled the complainant and also abused him and threatened him. Being aggrieved from the said termination order, the respondent no.1 filed a suit under Order 7 Rule 1 of CPC for declaration, permanent injunction and damages to the tune of Rs.1,21,17,312/- before the XVth Additional District Judge, Indore.