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.

JUDGMENT :

ANAND SHARMA, J.

1. Since both criminal misc. petitions arise out of common FIR No. FIR No. 148/2014 dated 21.02.2014 registered at Police Station Bhiwadi District Alwar for offence punishable under Section 354 IPC and the proceedings arisiong out of the said FIR, therefore, they were heard analoguously and are being decided by this common judgment.

2. The petitioner has preferred S.B. Criminal Misc. Petition No. 3510/2021 under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter to be referred as 'Cr.P.C.) seeking quashing of the criminal proceedings of Criminal Regular Case No. 1039/2014 pending before the Court of Civil Judge and Judicial Magistrate, Bhiwadi, Alwar (hereinafter to be referred as 'the trial court'), which arose out of FIR No. 148/2014 dated 21.02.2014 registered at Police Station Bhiwadi District Alwar for offence punishable under Section 354 IPC , including order dated 04.06.2016 passed by the trial court, whereby charge was framed against the petitioner for the offence under , as well as to set aside order dated 08.04.2021 passed by the Court of Additional District and Sessions Judge No. 2, Tijara, District Alwar (hereinafter to be referred as 'the revisional court'), whereby revision petition filed by the petitioner against the order of framing charge was dismissed.

3. S. B. Criminal Misc. Petition No. 4730/2016 was filed by the petitioner under Section 482 Cr.P.C. way back in the year 2016 with a prayer to quash FIR No. 148/2014 dated 21.02.2014 registered at Police Station Bhiwadi District Alwar for offence punishable under Section 354 IPC .

4. The brief facts leading to the filing of the present petitions are that the petitioner was holding the post of Deputy Medical Superintendent at ESIC Hospital, Bhiwadi, Alwar. It is submitted on behalf of the petitioner that the dispute arose from professional disagreements between the petitioner and his subordinate female officer (complainant), which was rooted in refusal by the complainant to conduct sputum tests under the National Tuberculosis Control Programme at the hospital. When she was questioned about her negligence and insubordination, in order to counter the allegations against her, the complainant sent emails on 22.05.2013 and 23.05.2013 against the petitioner to the higher authorities referring incident of harassment on 21.05.2013, however, there was no whisper whatsoever in the emails regarding any allegation relating to any physical contact, inappropriate touching or use of criminal force. Complaint made by her was referred to an Internal Complaints Committee (hereinafter to be referred as “ICC”) constituted under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter to be referred as 'the POSH Act, 2013'), which was duly constituted in accordance with the provisions of the POSH Act. Aforesaid ICC meticulously enquired the matter and recorded statements of the complainant and all the relevant witnesses; and submitted a report dated 25.01.2014 exonerating the petitioner of any charge of sexual harassment, whatsoever, finding that the allegations levelled by the complainant were baseless and unfounded. The ICC also noted the complainant’s defiant conduct during the inquiry and concluded that her allegations lacked credibility.

5. It is submitted that after such report of ICC giving clean chit to the petitioner, quite maliciously, after expiry of 9 months from the date of al