JUDGMENT :

1. By way of this application under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’, for short), the applicants have prayed for following reliefs :

“(a) to allow this application;

(b) to quash and set aside the impugned FIR being Part A No.11210008200909 of 2020 (at Annexure-A) registered with Sarthana Police Station, District Surat;

(c) Pending admission, hearing and final disposal of this application, to stay further investigation of the impugned FIR being Part A No.11210008200908 of 2020 (at Annexure- A) registered with Sarthana Police Station, District Surat;

(d) To pass any other and further orders as may be deemed fit and proper to this Hon’ble Court.”

2. Heard learned senior advocate Mr.N.D.Nanavati with learned advocate Mr.Bhadrish Raju for learned advocate Mr.Nimit Shukla for the applicants, learned Additional Public Prosecutor Ms.Maithili Mehta for Respondent No.1 – State and learned advocate Mr.Maulik Soni for Respondent No.2 – original complainant.

3. With consent of all the parties, the matter is taken up for final hearing. Hence, Rule returnable forthwith. Learned Additional Public Prosecutor Ms.Mehta waives service of notice of Rule on behalf of respondent – State and learned advocate Mr.Soni waives service of notice of Rule on behalf of respondent no.2 – original complainant.

4. The Respondent No.2, who is the original complainant, registered an First Information Report (‘FIR’, for short) being I – C.R.No. 11210008200908 registered with Sarthana Police Station, Surat City for offences under Sections 306 and 114 of the Indian Penal Code stating that the daughter of the complainant viz. Panchhila, aged about 26 years, used to work as Chartered Accountant at Agarwal and Dhandhania, Chartered Accountant Firms since last two and half years. The applicants are the partners of the said firm. In the FIR, it is alleged that on 30.06.2020, daughter of the complainant committed suicide by hanging herself due to harassment being meted out to her by the present applicants. In the complaint, it is stated that on 23.06.2020, the deceased had gone to attend religious function arranged by Rajeshbhai Jivanbhai Sudani who is one of the clients of the applicants i.e. Shreeji Yarn where the applicants were also invited. The applicants had seen the deceased there attending function. Since applicant no.1 found the deceased was attending function during office hours, he scolded her and humiliated her by stating that she might serve the firm Shreeji Yarn and threatened that he would take legal action against the deceased and see to it that her license as Chartered Accountant is cancelled. On account of the aforesaid incident and threat administered by the applicants, the deceased went into depression and resigned from the job by sending her resignation through email. It is alleged in the complaint that because of the said harassment by the applicants, the deceased committed suicide on 30.06.2020.

5.1 Learned senior advocate Mr.N.D.Nanavati for the applicants submitted that the applicants are the partners of Chartered Accountant Firm and deceased used to work in the said firm. During the office hours, upon invitation when the applicants went to attend religious function hosted by Shreeji Yarn, they found the deceased there and, therefore, they scolded the deceased stating that legal action would be taken against her. Learned senior advocate Mr.Nanavati submitted that if during the office hours, an employee is found at place of some other office and it is also found that she was working for other firm as well, it is matter of office discipline if the employee is scolded by the employer and can not be termed as an offence under Section 306 of the Indian Penal Code. He submitted that bare reading of the FIR does not disclose any offence and it can nowhere be found that it was present applicants who abated deceased to commit suicide.

5.2 Learned senior advocate Mr.Nanavati relied upon the judgment of Honourable the