Case Note & Summary
The petitioners, six individuals employed as HR managers and executives in a private company, filed a writ petition under Article 226 of the Constitution read with Section 482 of the Code of Criminal Procedure, 1973, seeking quashing of FIR No. 194 of 2023 registered at Powai Police Station, Mumbai, for offences under Sections 354 and 509 read with Section 34 of the Indian Penal Code, 1860. The FIR was lodged by the respondent no. 2, a 36-year-old woman who was employed as an HR Manager in the same company. She alleged that she was subjected to harassment and insulting treatment by the petitioners, including being reprimanded about her work, having her phone snatched, and being touched on the back of her chair during a meeting on 8 November 2022. She also claimed that her complaints to senior management were ignored, and she was eventually removed from work on 14 November 2022. The petitioners contended that the FIR was a counterblast to her termination and that the allegations did not disclose any ingredients of the offences under Sections 354 or 509 IPC, as there was no sexual overtone or physical contact. The court examined the allegations and found that the incident of touching the back of the chair and snatching the phone did not constitute assault or criminal force with intent to outrage modesty under Section 354 IPC, nor did the reprimand amount to a word, gesture or act intended to insult the modesty of a woman under Section 509 IPC. The court held that the FIR was an abuse of the process of law and quashed it along with all consequential proceedings.
Headnote
A) Criminal Procedure Code - Quashing of FIR - Inherent Powers - Section 482 CrPC - FIR under Sections 354, 509 IPC - Allegations of verbal reprimand and snatching phone without sexual overtone - Held that no ingredients of Sections 354 or 509 IPC are made out, as there is no assault or criminal force with intent to outrage modesty, nor any word, gesture or act intended to insult modesty of woman - FIR quashed to prevent abuse of process (Paras 1-20). B) Indian Penal Code - Outraging Modesty - Section 354 IPC - Essential Ingredients - Assault or criminal force with intent to outrage modesty - Allegation of touching back of chair and snatching phone - Held that such acts do not constitute assault or criminal force as defined under IPC, and there is no sexual overtone - FIR quashed (Paras 5-15). C) Indian Penal Code - Word, Gesture or Act Intended to Insult Modesty - Section 509 IPC - Essential Ingredients - Insult to modesty of woman by word, gesture or act - Allegations of reprimand and raising voice - Held that reprimand about work performance does not amount to insult to modesty under Section 509 IPC - FIR quashed (Paras 5-15).
Issue of Consideration
Whether the allegations in the FIR constitute offences under Sections 354 and 509 IPC, and whether the FIR is liable to be quashed as an abuse of process of law.
Final Decision
The court allowed the writ petition and quashed FIR No. 194 of 2023 registered with Powai Police Station under Sections 354, 509 read with 34 IPC and all consequential proceedings.
Law Points
- Quashing of FIR
- Sections 354 and 509 IPC
- Outraging modesty
- Sexual harassment
- Abuse of process of law
- Inherent powers under Section 482 CrPC
