SUMIT KAKKAR Vs. STATE OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of FIR No. 166/1010 dtd. 16/11/2010 registered with Police Station, Bari Brahmana, District Samba, for commission of offences under Sec. 294, 354, 506 RPC against the petitioners. They also sought quashment of the complaint filed by respondent No.2 before the learned Chief Judicial Magistrate, Samba, upon which the aforesaid FIR has been registered.

(2.) The case of the petitioners is that petitioner No.1 is a highly qualified person and is presently working as Plant Head in M/s Coromandel International Ltd., which is internationally reputed company for the manufacture of pesticides at Bari Brahmana, Jammu and petitioner No.2 is working as Manager Accounts in Jammu Unit of the same company. Both the petitioners are highly qualified and responsible persons handling the important positions in the company which is renowned worldwide in the business of pesticides. It is stated that company has set up one unit at Bari Brahmana, Jammu, where both the petitioners are working. It is further stated that respondent No.2 came to be selected as Officer, HR and Administration for Jammu unit of the company on 10/9/2010, as Probationer, by a panel in which both the petitioners were members. It is only on the recommendations of both the petitioners due to which the respondent No.2 was successful in getting appointment in M/S Coromandel International Ltd., at Bari Brahmana, Jammu and since day one of her joining in the said unit of the company, the respondent No 2 created one or the other problem which made the working of the whole unit almost impossible as every employee was facing difficulty.

(3.) Learned counsel for the petitioners stated that the complaints received by the Plant Head are so numerous that even if the instances are given in the present petition, the same shall become a thesis, which clearly show that how respondent No.2 has lodged complaint pursuant to which FIR impugned has been registered by the respondent No. l only to wreak vengeance against the petitioners with further intention of scuttling the disciplinary proceedings initiated against respondent: No.2. It is stated that at one point of time, even the Commercial Head of M/S Coromandel International Ltd; and other senior officers of the company tried to counsel the respondentNo.2, but that also was without any result.