A. BADHARUDEEN
AMJITH – Appellant
Versus
STATE OF KERALA – Respondent
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 co
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The court ruled that prima facie allegations of sexual harassment were established, thus quashment of proceedings was not permissible.
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Independent criminal proceedings for sexual harassment can be pursued despite internal complaint mechanisms existing under the POSH Act, provided they are substantiated and not motivated by malice.
Quashing of proceedings allowed when a private dispute is amicably settled between the parties.
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
Vague allegations of harassment do not constitute a prima facie case for prosecution under IPC Sections 354-A and 354-D, especially when supported by exonerating enquiry findings.
Quashment of criminal proceedings is not permissible if prima facie evidence exists to support allegations of sexual harassment and insulting modesty under relevant sections of IPC and KP Act.
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