ORDER

1. This petitioners have filed the present petition under section 482 of CrPC for quashment of private complaint dated 26.5.2017 which is pending before the JMFC, Indore for offences under sections 323, 294, 500 and 506-B of IPC.

2. The respondent No.1 was initially appointed as Manager Pharmacy with Bombay Hospital Indore vide appointment order dated 3.11.2003. After employment, the services of the respondent seemed satisfactory, however, on account of perpetual nuisance and poor work performance, the respondent No.1 was issued a warning for which he also submitted a written apology. Inspite of warnings, the performance of respondent No.1 remained poor and, therefore, his services were terminated vide order dated 30.5.2016. When the Management issued a termination letter to respondent, he started throwing tantrums and became very aggressive. Respondent No.1 also tried to commit suicide by trying to jump from the first floor of the hospital, but was saved by the Management just in time. Intimation to this effect was also given to Lasudiya Police Station on 30.5.2016.

3. On the contrary, the respondent No.1 filed a frivolous and false complaint with Police Station Lasudiya that, the petitioner No.1 man-handled the complainant and also abused him and threatened him. Being aggrieved from the said termination order, the respondent No.1 filed a suit under Order 7 rule 1 of CPC for declaration, permanent injunction and damages to the tune of Rs.1,21,17,312/- before the XVth Additional District Judge, Indore.

4. The petitioners filed an application under Order 7 rule 11 of CPC for dismissal of suit. This application was allowed and the suit filed by the respondent no.1 was dismissed. Thereafter, the respondent no.1 filed a complaint before the learned Judicial Magistrate First Class, Indore for offences under section 323, 294, 500 and 506-B of IPC, on 26.5.2017. The learned JMFC has taken the cognizance of the said complaint. Being aggrieved by that, the petitioners have filed the present petition for quashment of the complaint.

5. Learned Senior Counsel appearing on behalf of the petitioners submit that the complaint filed by the respondent No.1 is totally baseless, frivolous and is made with a view to harass and falsely implicate the present petitioners with a malafide intention to settle his personal vendetta. He furthe submits that the respondent has also filed a civil suit claiming damages and also chose to file a private complaint for the said offences. Thus, the allegations made in the private complaint are nothing, but an afterthought. He further argues that a bare perusal of the entire chain of sequences would indicate that the said complaint has been filed only with a malafide intention for wrecking vengeance upon the petitioners. He submits that on the basis of the allegations made in the complaint, no offence is made out against the present petitioners. The respondent No.1 has alleged in the complaint that the petitioners published an advertisement in the newspaper regarding want of Manager Pharmacy, inspite of the said post being held by the respondent with an intent to defame the complainant, however, on the basis of these allegations, no case for defamation can be ascribed against the present petitioners.

6. Learned Senior Counsel for the petitioners relied on the judgment passed by the Hon'be Apex Court in the case of State of Haryana & Ors. v. Bhajanlal & Ors. Reported in AIR 1992 SC 604, wherein it has been held that whenever a Court is of the opinion that a criminal machinery has been resorted to only for the purposes of harassing a a person and to settle personal vendetta then it is the duty of the Court to counter such frivolous litigation and the Court under section 482 CrPC has ample power to quash such a litigation.

7. That, event the Lasudiya Police Station (Annexure-P/10, Page No. 62) has held that the complaint filed by the respondent No.1 seems to have been filed being aggrieved by his termination o