RAJIV MAHAJAN Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioners have filed the present petition for quashing of FIR no. 524 of 2017 dtd. 24/12/2017 for the commission of offences punishable under Sec. 506 of IPC and Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Corruption) Act (SC and ST Act), at Police Station Paonta Sahib, District Sirmaur and subsequent criminal case no. 3-ST/7 of 2018 titled State of H.P. versus Rajeev Mahajan pending before learned Special Judge, Sirmaur at Nahan.

(2.) The informant-victim made a complaint to the police asserting that he belongs to Scheduled Castes. He was serving as a labourer on 13/12/2014 with the contractor. His services were placed with the company on 3/7/2015. He was being asked to perform the duty for 12 hours instead of the stipulated time. He was being given Rs.7,000.00 instead of his salary of Rs.7,700.00. Other benefits were also not provided to him. Whenever he was on leave, he was asked to write an apology letter or he was marked absent. When the informant protested, he was threatened. His services were terminated. He talked to the officers and they promised to re-engage him. When no action was taken, he talked to the owner of the company. The officers got annoyed and started harassing the informant. He was being taunted and insulted in the presence of his colleagues. He was called on 12/11/2016 with the co-workers to the main gate. General Manager Rajiv Mahajan and HR Ravinder Chauhan came to the gate and stated that anyone who would complain against them would be treated in the same manner as the informant. He was also insulted in the name of his caste. When the informant protested that nothing should be said about his caste, he was slapped and told to resign. The police registered the FIR No. 524/2017 and conducted the investigation. After the completion of the investigations, the charge sheet was prepared and presented before the Court for the commission of offences punishable under Sec. 506 of IPC and Ss. 3(1)(r) and 3(1)(s) of SC and ST Act.

(3.) The petitioners filed the present petition to quash the FIR and the consequent proceedings. It was asserted that the FIR was registered with the ulterior motive. The informant was removed due to his indiscipline, carelessness and incompetence. He filed a false FIR against the petitioner after a gap of more than one year. The ingredients of Ss. 3(1)(r) and 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Corruption) Act are not satisfied in the present case. 07 witnesses have made the statement before the Court; however, no one has deposed against the petitioners. The informant demanded Rs.7,00,000.00for settling the matter and a CRMMO No. 1165 of 2022 was also filed; however, the victim demanded Rs.15,00,000.00 and a job for himself and his wife after the filing of the petition. The Court had passed an order asking the S.P. to submit the report. Subsequently, an order to register an FIR against the informant was passed by the Court. The FIR is a result of vengeance and the informant is taking advantage of his caste. The matter was earlier investigated and nothing was found in the complaint. The present FIR was lodged after one year and one month, which shows the falsity of the FIR. There is a labour dispute between the parties and the FIR has been lodged to pressurize the petitioners. The informant compromised the matter before the Labour Inspector and the informant took three months' salary. Thereafter, he approached every forum to build the pressure. The incident had not taken place in the presence of any person. The continuation of the proceedings is an abuse of the process of law. Hence, it was prayed that the present petition be allowed and the FIR be quashed.