JUDGMENT

Vipin Chandra Dixit, J.

The present application under Section 482 Cr.P.C. has been filed by the applicant for quashing of entire proceedings of Case No.27720 of 2017 (State v. Ajay Awasthi) as well as for quashing the charge-sheet dated 15.5.2017 and order of cognizance dated 31.5.2017 passed by learned Additional Chief Metropolitan Magistrate-VIII, District Kanpur Nagar, arising out of Case Crime No.53 of 2016, under Section 509 I.P.C., P.S. Harbansh Mohal, District Kanpur Nagar.

2. Heard Sri Vimlendu Triptahi, learned counsel for the applicant, learned A.G.A. for the State, Ms. Bina Gaur, opposite party no. 2 in person and perused the record.

3. Brief facts of the case is that the opposite party no.2 had joined the company namely PNB Met Life in the year 2009 on the post of Assistant Sales Manager at Kanpur. The applicant was posted as Branch Manager of PNB Metlife Insurance Company Limited, Mal Road, Kanpur Nagar in November, 2011 and worked as Branch Manager of aforesaid branch of company upto 2014. The opposite party no.2 was under subordination of applicant during the aforesaid period. The opposite party no.2 applied for transfer and was transferred on 1.3.2014 from Kanpur to Lucknow. The opposite party no.2 had resigned from the company on 31.10.2015 and after resignation she had made a complaint to National Commission for Women against the applicant and three other officers of the company on 8.12.2015 to the effect that a false e-mail was sent by the applicant and other officers to defame her. The complaint was sent to the local police to get enquired the same which was enquired by Inspector, In-charge, Crime Branch, Kanpur Nagar, who concluded the enquiry and submitted his report on 30.3.2016 to the effect that opposite party no.2 was not promoted on account of her poor performance and she was apprehended about her demotion and it was also found that e-mail was sent by one Pankaj Sharma and contents of e-mail do not disclose any offence against the applicant and suggested in his report to register a criminal case against Pankaj Sharma under Section 509 I.P.C. In spite of enquiry report the F.I.R. was not lodged against Pankaj Sharma but was lodged on 14.04.2016 against the applicant and other three officers of the company as Case Crime No.0053 of 2016, under Section 509 I.P.C. in Police Station Harbansh Mohal, Kanpur Nagar.

4. After registration of F.I.R. the matter was investigated by Sub Inspector Suhail Akhtar, who after due investigation did not find any material against the applicant and other accused persons and prepared a final report on 8.7.2016 vide Parcha No.8. The Circle Officer instead of sending the final report to the court, passed the order on 22.7.2016 for further investigation. The subsequent Investigating Officer Sri Deepak Saxena also conducted the investigation and in spite of best efforts by the I.O. the opposite party no.2 was not agree for recording her statement under Section 164 Cr.P.C. rather she has stated that she does not want to prosecute the accused persons as the matter has already been settled through compromise but copy of compromise was not provided by opposite party no.2 to the I.O. The subsequent I.O. closed the investigation by endorsing the earlier final report dated 12.9.2016.

5. The Circle Officer again passed the order on 30.9.2016 entrusting the investigation to another Investigating Officer Jaswant Singh. The statement of opposite party no.2 under Section 164 Cr.P.C. was recorded. The statement of applicant and other accused persons were also recorded and confidential report of complaints committee of the PNB Met Life was also provided to Inv