Summary of Judgement
The Bombay High Court quashed the criminal proceedings (C.C.No.1363/PW/2019) against the petitioner in a case involving allegations of sexual harassment under Sections 354, 354A, 323, and 509 of the Indian Penal Code. The Court found that the FIR was lodged by the respondent with ulterior motives after the Internal Complaints Committee (ICC) of Tata Global Beverages Ltd. (TGBL) dismissed the complaint as unsubstantiated. The judgment highlighted that the respondent concealed material facts, including the ICC's findings, and the delay in filing the FIR cast doubts on its credibility. The Court observed that the parties had a consensual relationship, negating the allegations of coercion and harassment.
Background:
- The petitioner sought to quash the criminal proceedings initiated against him based on an FIR filed by the respondent (C.R.No.19 of 2019). The respondent accused the petitioner of making inappropriate advances while they worked together at Tata Global Beverages Ltd. (TGBL), where the petitioner was her reporting officer.
Facts of the Case:
- The respondent alleged that the petitioner made lewd remarks and attempted to touch her inappropriately during a work-related meeting. However, the petitioner contended that they were in a consensual relationship, and the complaint was filed with malafide intent after the respondent’s husband learned of their relationship.
ICC Findings:
- The ICC conducted an inquiry and found that the complaint lacked substance. The ICC noted that the respondent had multiple opportunities to avoid the petitioner but willingly accompanied him to hotels and events. The ICC also found inconsistencies in the respondent's statements and noted that her payments were not controlled by the petitioner, disproving her claims of coercion.
Court’s Analysis:
- The Court observed that the respondent concealed the ICC’s findings in the FIR and failed to provide any plausible explanation for the delay in filing it. The FIR was seen as an afterthought following the dismissal of her complaint by the ICC.
- The Court referred to the parameters laid down in the case of State of Haryana vs. Bhajan Lal for quashing an FIR, finding that the present case met the criteria for quashing due to absurd and improbable allegations.
Key Legal Principles:
- Bhajan Lal Guidelines: The case fell under the parameters where the FIR did not disclose any cognizable offence and was inherently improbable.
- Supreme Court Observations: The Court referenced judgments emphasizing that FIRs drafted with ulterior motives should be scrutinized beyond the surface to prevent abuse of the legal process.
Conclusion:
- The criminal proceedings were quashed as the allegations were found to be concocted and filed with the intention of harassing the petitioner. The Court ruled that continuing the case would be an abuse of the legal process. The petition was allowed, and the FIR was set aside.
Significance:
This judgment underscores the importance of considering all relevant circumstances, including findings of internal inquiries and the timing of complaints, when assessing the credibility of allegations in criminal proceedings.
Case Title: Mr. Rohit Satindra Sharma Versus The State Of Maharashtra Ors.
Citation: 2024 LawText (BOM) (8) 212
Case Number: CRIMINAL WRIT PETITION NO. 2866 OF 2019
Date of Decision: 2024-08-21