IMPORTANT POINTS
(1) Attempt to outrage modesty – To apply Section 354, IPC, offence must be committed against a woman; criminal force must be applied against her with intent to outrage her modesty.
(2) For offence of criminal intimidation to be prima facie established, intention should be clearly visible and same is to be established by evidence on record.

JUDGMENT :

SANJAY KAROL, J.

1. Leave Granted.

2. The instant appeal questions the correctness of judgment in order dated 8th January, 2021, passed in Application u/s 482 No. 18712 of 2020 by the High Court of Judicature at Allahabad, whereby the appellant request to quash the chargesheet and proceedings arising out of Case Crime No. 1074 of 2019 u/s 354, 506 of the Indian Penal Code, 1860¹ [Hereinafter referred to as ‘IPC’] was turned down.

FACTS IN BRIEF

3. The appellant and respondent no. 2² [Hereinafter referred to as ‘the complainant’] are Directors in a joint concern by the name of ‘M/s LAJ-IDS Exports Pvt. Ltd.’ with the shareholding divided 3:1. Record reveals certain allegations and counter allegations in regard to mishandling of the company’s finances, however, the same are not within the scope of the present adjudication.

3.1 In July 2019, the appellant vide a communication Annexed as P-2 sought to end this partnership. However, this fact also stands disputed.

3.2 On 20th July, 2019, respondent no. 2 filed a complaint before the Senior Superintendent of Police, Janpad - Gautambuddh Nagar, making allegations against RK Aneja (brother of the appellant and A-1 in the chargesheet) of inappropriate behaviour in the workplace as also alleged threat of murder. The complaint reads as under:

“To,

The Senior Superintendent of Police,

Janpad - Gautambuddh Nagar (U.P.)

Sir,

The humble request is that Applicant Puja D/o Late A.K. Tankha is R/o H. No. 2106 Tower Lotus bulword Sector 100 Noida P.S. 39, Gautambuddh Nagar and Applicant is working ass Director in I.D.S. Export Pvt. Ltd. House No. 208, Sector 63, Noida Company and R.K. Aneja R/o 7 Hauz Khas New Delhi are working as Director in the aforesaid company and Applicant has been working in the aforesaid company from February 2018. R.K. Aneja has been harassing and troubling the Applicant since October November 2018 and from few months R.K. Aneja has been holding hands on small works and when the Applicant works on computer while sitting then he touches the Applicant which cannot be explained by Applicant. Applicant informed this to Naresh then he said that he will make R.K. Aneja understand. Holding the hand of Applicant and touching her body in above office by the R.K. Aneja has been seen by Chaman Lal S/o Kishan Lal R/o E-1813 G.N.22, Sangam Vihar, New Delhi and Savender Singh R/o I.P. Extension New Delhi. R.K. Aneja has tried to rape Applicant and upon screaming he threatened to kill her, then the Applicant pushed R.K. Aneja and escaped from there and left the company. Applicant went to police station and police officer did not lodge his complaint then the Applicant went and met Senior Superintendent of Police Gautambudh Nagar in Public Audience and gave her complaint on which no steps have been taken. Applicant is again giving this complaint to Senior Superintendent of Police.

Therefore, it is requested t you sir, that direction be given to the Station House Officer Phase-3 to lodge the first information report against the above persons and take legal actions.

Applicant

Sd/-”

3.3 A preliminary enquiry report was submitted to the competent authority on 6th August, 2019. However, on 14th August, 2019, the complainant filed an application bearing no. 457/2019 u/s 156(3) of the Code of Criminal Procedure, 1973³ [‘Cr.P.C.’ for short] before the Chief Judicial Magistrate⁴ [Abbreviated as ‘CJM’] Gautambuddh Nagar alleging non-lodging of complaint as also no investigation having taken place on the representation given to the Senior Superintendent of Police, Gautambuddh Nagar. Relevant extract thereof is as under:

“........Conclusion:

During the investigation, we spoke to both the parties and gone through all the facts and it was found that R.K. Aneja has firm in the name of “Laj Exports Limited which works in the field of Garments. The above firm was registered in the year 2005. Applicant Pooja Tankha has firm in the name of “IDS Fashions Pvt. Ltd. In the above firm Applicant and her mother are d