Case Note & Summary
The petitioner, Rohit Satindra Sharma, filed a Criminal Writ Petition under Article 226 of the Constitution of India seeking quashing of criminal proceedings in C.C.No.1363/PW/2019 pending before the Metropolitan Magistrate, 12th Court, Bandra, arising from FIR No.19 of 2019 registered with Bandra Police Station for offences under Sections 354, 354A, 323, and 509 of the Indian Penal Code, 1860. The respondent no.2, Archana Vohra, was the first informant and complainant. The parties were previously colleagues at Hola Chef and later at Tata Global Beverages Ltd. (TGBL), where the petitioner was the respondent no.2's reporting officer. The respondent no.2 alleged that the petitioner made sexually explicit remarks and physically touched her inappropriately on 4th December 2018. However, the petitioner contended that the relationship was consensual and that the respondent no.2 had previously filed a complaint with the Internal Complaints Committee (ICC) of TGBL under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act), which was dismissed as unsubstantiated after a detailed inquiry. The respondent no.2 did not disclose this ICC complaint or its outcome in the FIR. The court observed that the concealment of the ICC proceedings and its findings was a material fact that indicated malafide intention and ulterior motive. The court perused the ICC's findings, which revealed that the parties were in a consensual intimate relationship, that the respondent no.2 had independently checked into hotels with the petitioner, and that audio recordings of the respondent no.2's husband suggested the complaint was filed after he discovered the relationship. The court held that the ICC's findings, which were not challenged by the respondent no.2, clearly negated the allegations in the FIR. The court also noted the delay in filing the FIR and the inherent improbability of the allegations. Consequently, the court allowed the petition and quashed the criminal proceedings.
Headnote
A) Criminal Procedure - Quashing of FIR - Concealment of Material Facts - FIR under Sections 354, 354A, 323, 509 IPC - The complainant failed to disclose that her complaint to the Internal Complaints Committee under the POSH Act was dismissed as unsubstantiated. The court held that such concealment of material facts renders the FIR liable to be quashed as it indicates malafide intention and ulterior motive. (Paras 7-10) B) Sexual Harassment - Consensual Relationship - Internal Complaints Committee Findings - Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 - The ICC found that the parties were in a consensual intimate relationship and the allegations of sexual harassment were unsubstantiated. The court held that the ICC's findings, which were not challenged, negate the allegations in the FIR. (Paras 8-10) C) Criminal Procedure - Delay in Filing FIR - Absurd and Inherently Improbable Allegations - The court noted the delay in filing the FIR and the inherent improbability of the allegations given the consensual relationship, supporting the quashing of proceedings. (Paras 5, 10)
Issue of Consideration
Whether criminal proceedings under Sections 354, 354A, 323, 509 IPC should be quashed when the complainant concealed the fact that the Internal Complaints Committee under the POSH Act had dismissed her complaint of sexual harassment.
Final Decision
The petition is allowed. Criminal proceedings bearing C.C.No.1363/PW/2019 pending before the Metropolitan Magistrate, 12th Court, Bandra, arising from C.R.No.19 of 2019 dated 9th January 2019 registered with Bandra Police Station for offences punishable under Sections 354, 354A, 323 and 509 of the Indian Penal Code, 1860, are quashed and set aside.
Law Points
- Quashing of FIR
- Concealment of material facts
- Consensual relationship
- Sexual harassment at workplace
- Internal Complaints Committee findings
- Maintainability of FIR under POSH Act
