IMPORTANT POINT
Criminal proceedings can be quashed if found to be maliciously instituted with ulterior motives, requiring careful scrutiny of the FIR and surrounding circumstances.

ORDER :

A. Badharudeen, J.

This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973. Accused Nos.2 to 5 in C.C.No.592/2020 pending before the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam are the petitioners and they seek quashment of the said proceedings.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Although notice served upon the 2nd respondent, she did not turn up.

3. The prosecution case is that at about 14.10 hours on 04.03.2019 accused Nos. 1 to 5, who are the officials of Matrimony.com compelled the defacto complainant, who was working as State Head in the same concern to resign and leave the job, after wrongfully restraining her and threatening her. Thereby the petitioners/accused Nos. 1 to 5 alleged to have committed offences punishable under Sections 341 and 506 (i) read with Section 34 of the Indian Penal Code, 1860 (for short 'the IPC').

4. While pursuing the relief of quashment, the learned counsel for the petitioners would submit that this is a false case foisted to wreck vengeance against the officials of Matrimony.com on detection of malpractices against the de facto complainant and as a result of the same she was forced to leave the concern voluntarily. He pointed out that as per Annexure-B, there was disciplinary proceedings against the de facto complainant initiated on the basis of a report dated 20.02.2019 and as per the report the allegation of the defacto complainant was found unsustainable in the matter of getting her resignation from the concern forcefully. He has also pointed out that earlier also the defacto complainant had filed similar complaint in the year 2020 and the police closed the complaint as per Annexure E, copy of complaint register produced from Ernakulam Town South Police Station, Kochi City. According to the learned counsel for the petitioners, since this case was foisted without support of any materials and as a retaliatory measure to avoid the disciplinary action, this complaint would require quashment.

5. The learned Public Prosecutor invited the attention of this Court in page Nos.57-58 of the paper book where Annexure F complaint filed on 11.03.2020 by the de facto complainant is available. In the said complaint, the prosecution allegation is narrated. Accordingly FIR was registered on 15.03.2020.

6. On perusal of the records, it could be gathered that the de facto complainant who was working at matrimony.com as State Head was found involved in malpractices and the same was detected by the Superior Officials. Accordingly, she was forced to quit the job. Annexure B enquiry report in this regard would show that there was an enquiry during 2019 itself, whereby the malpractices committed by the de facto complainant was found. Later, she quit the job.

7. It was after culmination of the disciplinary proceedings as on 03.07.2019, the present litigation started in the year 2020 as an afterthought. It could be gathered that the allegations in the complaint prima facie not believable at the instance of the de facto complainant, who faced allegation of malpractice and on enquiry it was found in the affirmative. Ultimately quit the job as a sequal thereof.

8. Profitably, in the decision in Vineet Kumar & Ors. v. State of U.P & Anr., reported in [2017 KHC 6274 : AIR 2017 SC 1884 : 2017 (13) SCC 369], the Apex Court held in paragraph 39 that, inherent power given to the High Court under Section 482 Cr.P.C. is with the purpose and object of advancement of justice. In case solemn process of Court is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold. The Court cannot permit a prosecution to go on if the case falls in one of the Categories as illustratively enumerated by this Court in [AIR 1960 SC 866], State of Haryana v. Bhajan Lal. Judicial process is a solemn proceeding which cannot be allowed to be converted into a