IMPORTANT POINT
The ICC report does not supersede police findings in criminal proceedings, especially when the victim's statement is absent, and the prosecution's case is prima facie established.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’ for short) by the accused in Crime No. 1099/2023 seeking to quash Annexures A1 FIR, A2 final report and the further proceedings in C.C. No. 944/2023 on the files of the Judicial First Class Magistrate Court (Temp), Paravur against the petitioner.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor on admission. Perused the relevant documents.

3. The specific case of the prosecution is that the accused herein, who is the head of S.N College, and the Principal of the college made sexually coloured remarks and demanded sexual favour from the defacto complainant, repeatedly stating that “adichu tharatte” “adichu tharatte.” The further allegation is that he also asked the defacto complainant to be obedient to him so that issuance of memo, transfer and suspension against the defacto complainant could be avoided. Further he used to say defamatory allegations against her, during staff meetings and PTA meetings. On 21.08.2023 the accused started staff meeting at 3.30 p.m and continued the same beyond 5.30 p.m, and when the defacto complainant made her stand that she would not continue at the meeting after 5.30 p.m, he shouted towards her. This is the base on which prosecution alleges commission of offences punishable under Sections 354-A, 354-D and 509 of the Indian Penal Code (‘IPC’ for short) and Section 119(A) of the Kerala Police Act (‘K.P Act’ for short).

4. While canvassing quashment of the entire proceedings, the learned counsel for the petitioner gave heavy reliance on Annexure A3 report of enquiry conducted by the Internal Complaints Committee (‘ICC’ for short), on the basis of a complaint given by the defacto complainant, where it was found that the allegations are false. Therefore, the prosecution allegations are also false, is the submission of the learned counsel for the petitioner.

5. Whereas it is submitted by the learned Public Prosecutor that in Annexure A3 ICC report dated 12.02.2024, statement of the victim never recorded and a unilateral finding was entered into to the effect that the allegations are false. He also pointed out that going by the statement of the victim as well as the witnesses, who supported the prosecution allegations, the offences are made out, prima facie, and in such a case quashment could not be considered.

6. I have gone through the statement given by the defacto complainant and the specific allegation therein is that while the petitioner was holding the charge of Principal and Head of S.N college, he used to treat the defacto complainant badly and whenever he met the defacto complainant he used to ask her “adichu tharatte” “adichu tharatte” with the dual meaning, demanding sexual favour. In the additional statement of the defacto complainant, more instances were stated by the defacto complainant to the effect that she joined in Physics Department during 2022 and that when the accused met her at library and other places, he used to make unnecessary comments and he had grudge towards her since she resisted the same. The further allegation is that the Principal instructed her to reach the college at 8.30 a.m. during University exam time, who usually would reach the college at 9.30 a.m. but she expressed her willingness to reach the college only by 9 a.m as she anticipated indecent behaviour from the accused in the absence of other women teachers and employees therein. She also made a written complaint in this regard. Despite that the petitioner repeated the words extracted above with double meaning demanding sexual favour from her, despite having repeatedly made sexually coloured remarks. According to the defacto complainant, the accused continuously followed her and repeated the same and the same caused mental and physical sufferings to her. ‘XX’ (pseudo name), Assistant Professor, English Department working in the college from 2019 onwards;