The court established that complaints of harassment under IPC Sections 354 and 509 must demonstrate assault and intent, which were absent; thus, quashing the FIR to prevent abuse of legal process.

JUDGMENT :

(PER BHARATI DANGRE J.)

1. Rule. Rule is made returnable forthwith by consent of parties.

2. The six petitioners, have approached this Court praying for quashing and setting aside of the FIR No. 194 of 2023 registered with Powai Police Station, invoking Sections 354 and 509 read with 34 of IPC and for quashing of all consequent actions arising from the same.

While issuing notice to the respondents on 20/04/2023, interim relief was granted in terms of prayer clause (c) of the Petition, as a result of which the investigation of the subject FIR registered at Powai Police Station is stayed.

3. On the petition being listed before us, we have heard Advocate Karma Vivan for the petitioners along with Mr. Shriram Kulkarni for respondent no.2, the complainant, whereas the State is represented by Mr. Tanveer Khan, Additional Public Prosecutor.

4. The genesis of the rival contention advanced before us, find place in the complaint lodged by the complainant aged 36 years who made a grievance that while she was working in a private company as H.R. Manager, she was subjected to harassment with a deliberate intention of outraging her modesty.

The complaint alleged that she was appointed as H.R. Manager on 16/08/2022 and as per the company policy for appointment of new recruits, she was put on probationary period of three months. According to her, the company under which she was working was a licensee of Zepto and the offices of both the companies were located in the same building, and therefore there used to be interaction between the employees of both the companies.

Since she was entrusted with the recruitment of new employees and their removal, many employees used to approach her with their difficulties and complaints, but this was not approved by Mr. Ronal Sequira (Chief Custom Officer) i.e. accused no.6 and he raked up this issue with his friend Mr. Pradeep Bilwa (Vice President).

As a consequence of this, in September, 2022, Pradeep Bilwa gave her insulting treatment with reference to her work and it is alleged by her that he treated her in a similar fashion on two more occasions.

This constrained her to approach Ms. Sabita Patra (HR-BP) (accused no.1) and she complained about the conduct of Pradeep Bilawa, Dhiren Gwalani and Ronal Sequira, in presence of one other employee.

It is also alleged by her that on 20/10/2022, she also forwarded whatsapp message to Roma Bindroo (CHRO) (accused no.5) apprising her about the behaviour of the employees of the company, when she is alleged to have told her that Pradeep and Ronal are the partners in the company and since they run the company, she should please them and did not initiate any action.

5. The complaint specifically make a reference of the incident alleged to have taken place on 8/11/2022, at 7:15 hours when Sabita Patra took her to the meeting room though she was not connected with the subject, where Pradeep Bilawa, Dhiren Gwalani, Shailesh Mahale as well as Ronal Sequira, arrived and they reprimanded her about her work and by raising their voice, caused to insult her. She further alleged that the three accused persons, wrongfully touched her from back of the chair on which she was sitting and Pradeep snatched her phone, while she was in conversation.

The incident disturbed her to great extent and therefore she sought permission to work from home by forwarding a whatsapp message to Sabita Patra and continued to work from home. However, on 14/11/2022, on account of her nonperformance she was removed from work and this shocked her.

On 18/11/2022 as per the complaint she addressed an