Madras High Court: In a criminal original petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) to call for the records pertaining to the FIR and quash the same as illegal, N. Anand Venkatesh, J. held that no offence has been made out against the petitioner even if the allegations made in the First Information Report are taken as it is. Therefore, the continuation of the criminal proceedings against the petitioner will result in abuse of process of law
The case involves an allegation of sexual harassment under Section 354-A(1)(i) of the Penal Code, 1860 (‘IPC’). According to the prosecution, the petitioner aged 21 years and respondent 2 aged 19 years had been in a romantic relationship since 2020. One day, the petitioner contacted respondent 2 and asked her to meet at a specific location, where they spoke from 9:00 PM to 12:00 midnight. During this time, the petitioner allegedly hugged and kissed respondent 2 without her consent. After the incident, respondent 2 informed her parents about the relationship and requested the petitioner to marry her. When the petitioner refused and began avoiding her, she filed a complaint with the police, resulting in the registration of an FIR under Section 354-A(1)(i) of the IPC.
The Court said that to constitute an offence under Section 354-A(1)(i) of IPC, a man must commit a physical contact and make advances involving unwelcome and explicit sexual overtures. Even if the allegations are taken as they are, it is quite natural for teenagers who are having a love affair to hug or kiss each other. By no stretch, this can constitute an offence under Section 354-A(1)(i) of IPC.
The Court clarified that to constitute an offence under Section 354-A(1)(i) of IPC, the accused must make unwelcome physical contact and advances, specifically involving explicit sexual overtures. The Court observed that, even if the allegations were taken at face value, it is quite common for teenagers in a romantic relationship to hug or kiss each other. The Court concluded that such actions, in the context of a love affair, could not be considered unwelcome sexual advances or harassment under Section 354-A(1)(i) of the IPC. Therefore, the Court held that the petitioner’s actions did not meet the legal threshold for the offence and, by extension, could not be classified as sexual harassment under the law.
The Court noted that when the criminal original petition was entertained by this Court, the Police was specifically directed not to file a final report. However, the Police have completed investigation and filed a final report before the Judicial Magistrate, which has been taken on file.
The Court reiterated that even where the quash petition is filed to quash the FIR and a final report is filed, which is taken cognizance, this Court can still exercise its jurisdiction under Section 482 of CrPC and quash the proceedings itself. Thus, the Court quashed the proceedings pending on the file of the competent Court.
[Santhanaganesh v. State, 2024 SCC OnLine Mad 6373, decided on 04-11-2024]
Advocates who appeared in this case:
For Petitioner: Mr. G. Karuppasamy Pandian
For Respondents: Mr. A. Albert James, Government Advocate
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