Petitioner challenged a Local Complaints Committee order invoking limitation. Respondent filed a settlement affidavit to withdraw the complaint. Court quashed the order and dismissed the complaint based on the settlement.
The order dated 25.09.2020 passed by the second respondent is quashed, and the complaint dated 25.08.2020 stands dismissed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF APRIL 2022
BEFORE
THE HON' BLE MR. JUSTICE S.G. PANDIT
WRIT PETITION No.11244/2020 (GM-RES)
BETWEEN:
MR. AMIT BANERJI AGED ABOUT 41 YEARS S/O MONO BROTO BANERJI CHIEF EXECUTIVE OFFICER TABLE SPACE TECHNOLOGIES PVT. LTD., GROUND FLOOR, PRIDE ELITE NO.10, MUSEUM ROAD BENGALURU-560 001.
...PETITIONER
(BY SRI SAJAN POOVAYYA, SR.COUNSEL A/W SRI DHARMENDRA CHATUR, ADV.)
AND:
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SOCIAL SERVICE COMPLEX DR. M.H.MARIGOWDA ROAD BENGALURU-560 029.
…RESPONDENTS
(BY SMT. A.R.SHARADAMBA, AGA FOR R2 SRI BASAWA PRASAD KUNALE, ADV. FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS DATED 25.08.2020/25.08.2020, LEADING TO PASSING OF THE ORDER DATED 25.09.2020 BY THE R2 (LOCAL COMPLAINTS COMMITTEE) VIDE ANNEX-L; QUASH THE ORDER DATED 25.09.2020 PASSED BY THE R2 (LOCAL COMPLAINTS COMMITTEE) COMPLAINT DATED 25.08.2020/25.08.2020 VIDE ANNEX-L AND ETC.
THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCE THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R
The petitioner is before this Court under Articles 226 and 227 of the Constitution of India, praying for the following reliefs:
(i) Call for records in Complaint No.WCD14832/2020 dated 25.08.2020/25.08.2020, leading to passing of the Order dated 25.09.2020 by the Second Respondent (Local Complaints Committee) (Annexure-L);
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(ii) To quash the order dated 25.09.2020 passed by the Second Respondent (Local Complaints Committee) Complaint No.WCD14832/2020 dated 25.08.2020/ 25.08.2020 (Annexure-L); and
(iii) to hold that the Second Respondent (Local Complaints Committee) has no jurisdiction to the entertain the Complaint No.WCD-14832/2020 dated 25.08.2020/ 25.08.2020 as the same is barred by limitation.
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Additional Chief Metropolitan Magistrate, Bengaluru registered for the offences punishable under Sections 354 and 354A of IPC. It is submitted that in the said writ petition, the petitioner as well as respondent No.1 have entered into a settlement and filed joint memorandum of settlement along with separate affidavits, wherein respondent No.1 herein had undertaken to withdraw her complaint dated 25.08.2020 pending before the second respondent under the Sexual Harassment of Woman at Working Place (Prevention, Prohibition and Redressal) Act, 2013 (for short “the Act”) by filing affidavit in the present writ petition. Further, it is agreed that the petitioner and respondent No.1 shall get disposed of the present writ petition in terms of first respondent’s affidavit filed in the above stated W.P.No.6416/2022.
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“AFFIDAVIT REGARDING SETTLEMENT FILED BY RESPONDENT NO.1
I, Anuradha Nehra, wife of Amit Nehra, aged about 47 years, presently residing at Villa No.6, Prestige Bougainvillea, 59 ECC Road, Whitefield, Bengaluru-560 066, Karnataka, do hereby solemnly affirm and state on oath as under:
1. I state that I am the Complainant in WCD-14832/2020, before the Local Complaints Committee, Women and Child Development Department, Government of Karnataka, being the proceedings initiated under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
2. I state that on account of a settlement arrived at between the Petitioner, me, and Tablespace Technologies Private Limited (the “Company”), the terms of which are contained in a separate Settlement agreement dated 18.03.2022, I do not intend to pursue the complaint dated 25.08.2020 in WCD-14832/2020 any further.
3. I state that the settlement has been arrived at in order to bring an amicable closure and quietus to all the pending inter se disputes between me, the Company and the Petitioner, after intervention and advice of friends and
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well wishers of all parties, and in order to put an end to the long drawn litigation and legal proceedings across multiple forums and legal authorities. Upon serious consideration of various factors like career prospects, personal life, time, and reputation, the Petitioner, the Company, and I deemed it appropriate to put an end to all disputes between us.
4. I state that the settlement arrived at between the Petitioner, the Company and me is a full and final settlement and is aimed at bringing a quietus to all inter se disputes. That in light of the settlement arrived at between the Petitioner, the Company and me, I shall have no claims whatsoever either against the Petitioner or the Company henceforth, and vice versa. All of us have agreed that no further proceedings shall be instituted in the future by any of us and that this settlement is final vis-à-vis all of us.
5. In view of the above, I state that I do not wish to pursue and continue with my compliant dated 25.08.2020 in WCD-14832/2020, pending before the Local Complaints Committee, Women and Child Development Department, Government of Karnataka, being the proceedings initiated under the provisions of Sexual Harassment of Women at Workplace (Prevention, Prohibition and
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Redressal) Act, 2013. I state that, therefore, the complaint in WCD-14832/2020 be quashed and this writ petition and WCD-14832/2020 may be disposed of as settled pursuant to the withdrawal of my complaint.
6. My averments in this affidavit are made voluntarily and of my own accord and volition. I was not induced, coerced, threatened, or unduly influenced in any manner to execute this affidavit. I declare that the averments stated herein above are all true to the best of my knowledge, information, and belief.”
Clause (5) of the above affidavit states that the petitioner would not wish to pursue and continue the complaint dated 25.08.2020 in WCD-14832/2020 pending before the Local Complaints Committee and Child Development Department, Government of Karnataka, being the proceedings initiated under the provisions of the Act. Further it is stated that the complaint in WCD-14832/2020 be quashed and this writ petition be disposed of as settled, pursuant to withdrawal of the complaint.
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respondent and based on the settlement arrived at by the petitioner and first respondent, I proceed to pass the following order:
The order dated 25.09.2020 passed by the second respondent on complaint No.WCD-14832/2020 is quashed, consequently, the Complaint dated 25.08.2020 stands dismissed.
With the above, the writ petition stands disposed of.
SD/JUDGE
mpk/-* CT:bms
Mr. Amit Banerji
Ms. Anuradha Nehra
Member Secretary (Local Complaints Committee)
S.G. Pandit
As recorded by the court registry
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