Criminal proceedings must be quashed under Section 482 of the Code of Criminal Procedure if the allegations fail to satisfy the essential legal ingredients of the charged offences and demonstrate an abuse of process where staff are caught in civil disputes without evidence of criminal intent.

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. The aforementioned Criminal Miscellaneous Petitions under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘CrPC’), have been filed on behalf of the Petitioners, namely, Manoj Mishra and Suresh Kumar to quash the Criminal Proceedings arising out of FIR No. 1079/2015 under Section 341/506/34 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) registered at Police Station Amar Colony and also against the Orders dated 18.04.2017 and 03.08.2018, respectively, whereby Charges under Section 341/34 IPC were framed and also against the Order dated 20.07.2018 vide which additional Charge under Section 354 IPC, was directed to be framed against the Petitioners.

2. The Petitioners have stated that there was an untimely and sudden death of Mr. Somesh Mehrotra, one of the Directors of VLS at the young age of 48 years under mysterious circumstances, at his residence on 22.08.2015. Thereafter, the guards including the Petitioners, were appointed to safeguard and protect the office and monitor and regulate the movement of visitors in the Office of the VLS Group Companies, in order to instil security and confidence amongst his employees, who were under a state of shock and fear because of the mysterious death.

3. Mr. Mahesh Prasad Mehrotra, father of the deceased, Mr. Somesh Mehrotra, had made Complaints to the Local Police on 22.08.2015 in regard to the suspicious and mysterious death of his son, which was investigated by the Crime Team of Delhi Police. Thereafter, FIR No.246/2016 under Section 304 IPC, was registered, which is pending investigation.

4. The Petitioners had joined the services and duties as guards on 17.09.2015 and were posted at the Office of VLS Group of Companies at 13, Sant Nagar, East of Kailash, New Delhi-110065. There was another Guard also appointed.

5. The Respondent No.2/Ms. Sadhana Mehrotra, wife of Late Mr. Somesh Mehrotra (about which the Petitioners were not aware), who admittedly was neither an employee nor official or the Director of the Company, along with one male colleague, visited the Office on 18.09.2015 and forcibly tried to enter into the private Office premises, despite it not being a public place. She did not disclose the details, particulars and purpose of visit. The Petitioners as part of their guard duties, politely requested them to give their particulars, details, etc. in the Visitor Register, but they refused in abusive language and tried to enter the premises forcibly.

6. However, the Respondent No. 2 made a false and frivolous Complaint with sole aim and objective to satisfy her high inflated egos, high socio-financial stature, as to how could the Petitioners being only the Guards, could dare to ask her and her colleague to give their details and particulars about whom they had come to meet and to make the necessary entry in the Visitor Register. The Respondent No. 2 in order to teach a lesson to the Petitioner, filed the false and mala fide Complaint alleging that he had held her upper arm to stop her and her male colleague, from forcibly entering the premises.

7. A call was made to No. 100 on 18.09.2015, for lodging t