The main legal point established in the judgment is that allegations inherently improbable, prompted by mala fides, and constituting a civil dispute blown out of proportion into criminal law can lead to the quashing of the FIR and order directing investigation under Cr.P.C 156(3).

Mangesh S. Patil, J.

1. Rule. The Rule is made returnable forthwith. Heard finally with the consent of learned Advocates for the Petitioners, learned APP for Respondent-State. Respondent No. 2 in person and the learned amicus curiae. These are the Writ Petitions filed under Articles 226 and 227 of the Constitution of India praying to quash and set aside one and the same order passed by the learned Chief Judicial Magistrate, Jalna (hereinafter referred to as 'CJM') dated 27.07.2016 in Criminal Miscellaneous Application No. 151 of 2010, directing investigation under section 156(3) of the Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.') and also to quash and set aside the FIR registered with Sadarbazar Police Station, District Jalna on 08.08.2016 pursuant to such order and registered for the offences punishable under Sections 406, 420, 464, 469, 470, 471, 504, 506, 323 read with Section 34 of the Indian Penal Code (hereinafter referred to as 'IPC') and the offences added subsequently punishable under Sections 191, 193, 195, 196, 197, 499, 500, 501 of the IPC. Since Respondent No. 2 in both these petitions is the original complainant at whose instance the impugned order was passed and the FIR has been registered against the persons holding the post in the Management of the same Company, we propose to dispose of these Writ Petitions by this common judgment.

2. In Criminal Writ Petition No. 1142 of 2016, petitioner No. 1 is the Managing Director and the Chief Executive Officer of the Max Life Insurance Co. Ltd. (hereinafter referred to as 'Company'). Petitioner No. 2 therein is the Founder and presently the Chairman Emeritus of the Company. Petitioner No. 3 therein is the Executive Director of that Company. Whereas in Criminal Writ Petition No. 1368 of 2016, Petitioner No. 1 is the Ex-Head of the Human Resource Department, Respondent No. 2 is the Independent Director and Petitioner No. 3 is the Director of the same Company.

3. Shorn of details the facts leading to the filing of these Writ Petitions can be summed up as under :

Respondent No. 2 was appointed as 'Manager Sales' in Band 4 in the Company with effect from 13.09.2008. Lastly, he was posted at Jalna. Since there was some dispute about his performance and behaviour, by the letter dated 15.05.2009, it was informed to him that his services stood terminated with immediate effect. By another letter dated 21.05.2009, which was styled as 'Relieving letter', it was informed to him as under:

"With reference to your letter of resignation dated May 21, 2009 this is to inform you that your resignation has been accepted.

You will be relieved from the services of the Company at the close of business hours of May 21, 2009.

On behalf of MNYL, I wish you all the best for your future endeavors

Regards."

4. Apparently, Respondent No. 2 was shocked since he had not tendered any resignation as mentioned in the letter dated 21.05.2009 (Exh-I). The partner, Operation Head of the Company by name Mr. Rajesh Ramavatar Dubey lodged a complaint with Sadarbazar Police on 08.06.2009 alleging that Respondent No. 2, inspite of having been terminated from the employment by the company, was coming and trying to forcefully enter the office regularly and was also giving threats on phone. Pursuant there to, an offence was registered under Sections 504 and 506 of the IPC. On 11.06.2009, Respondent No. 2 also lodged a complaint Exh-K to the same Police Station alleging that Rajesh Ramavatar Dubey had orally informed him about he having been removed from the employment. But his dues were not cleared and when he tried to reach him, the watchman at the office abused and drove him out.

5. Later on Respondent No. 2 served a notice addressed to Mr. Rajan Kaliya, Executive Vice President and Head Human resource and Mr. Rajesh Ramavatar Dubey Office Head (Partner) dated 08.07.2009 (Exh-M) through his Advocate Mr. R.C. Saboo alleging that the services of Respondent No. 2 were terminated illegally and that a