Satish Kumar & ANR v. State & ANR

$~9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3183/2016 SATISH KUMAR & ANR ..... Petitioner Represented by:

Mr. Ravindra Kumar, Adv.

versus STATE & ANR ..... Respondent Represented by:

Mr. Ashok Kumar Garg, APP with SI Sanjeev PS C.R. Park.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.11.2016 By the present petition, the petitioners seek quashing of FIR No. 447/2015 under Sections 354/354A/509 IPC registered at PS Lajpat Nagar on the complaint of respondent No.2 Though the respondent No.2 who was present in the Court on the last date affirmed that the incident took place but she has settled the matter, however her grievance was that an e-mail was sent by the HR Department of Mool Chand Hospital to Yashoda Hospital that no job be offered henceforth to the complainant.

This Court summoned the senior most officer of the HR Department of Mool Chand hospital. It now turns out that the concerned officer of the HR Department of Mool Chand Hospital himself who is the petitioner No.1 is an accused in the above-noted FIR. He has shown to this Court an e-mail CRL.M.C. 3183/2016

sent to Yashoda Super Speciality Hospital, Kaushambi wherein it is stated that the employee has been terminated due to violation of employment terms and the name of the respondent No.2 has been mentioned. Copy of the email is taken on record. It is thus apparent that despite the settlement, the behaviour of the petitioner No.1 continues to be such so as to be vindictive to the complainant. In such a situation the above-noted FIR cannot be quashed on the basis of compromise.

Petition is dismissed.

MUKTA GUPTA, J.

NOVEMBER 18, 2016 'ga'

CRL.M.C. 3183/2016