2023 Supreme(J&K) 664
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR, J.
Alok Betab & Ors. - Petitioners
Versus
State of J&K & Ors. - Respondents
CRMC No. 281 of 2016 c/w, CRMC No. 437 of 2016 & OWP No. 1083 of 2015
Decided On : 15-03-2023
For the Petitioner: Sunil Sethi; Vishal Mahajan.
For the Respondent: Pawan Dev Singh; Gagan Basotra; Rishabh Sharma; Navdeep Kour; Surinder Kour; Sunil Kumar.
Headnote:(A) Jammu and Kashmir Penal Code - Sections 509 and 506 - Information Technology Act - Sections 67 and 67-A - Sexual harassment and defamation allegations - Petitioner challenged FIRs for sexual harassment and defamation, claiming misuse of law - FIRs were quashed as allegations were found to be absurd and inherently improbable - Proper procedures for complaint resolution were not adhered to - The ruling emphasized abuse of legal process for personal vendetta is impermissible - The j conferring jurisdiction over the commissions was deemed limited and exceeded as recommendations were made without proper authority. (Paras 11, 21, 37)
(B) Abuse of Process - Court must ensure criminal prosecution is not used as an instrument of harassment for private vendetta; litigation should not serve personal vendettas. (Paras 32, 36)
| Table of Content |
|---|
| 1. challenging firs based on multiple complaints. (Para 2 , 3 , 4 , 5 , 6 , 10) |
| 2. historical context and allegations impact on legal action. (Para 11 , 19) |
| 3. evaluation of credibility of allegations and complaints. (Para 20 , 21 , 34) |
| 4. analysis of legal thresholds for offences in firs. (Para 22 , 23 , 26) |
| 5. quashing of firs based on lack of jurisdiction and abuse of process. (Para 27 , 30 , 36) |
JUDGMENT :
Sanjay Dhar, J.
1. By this common judgment, the afore-titled three petitions are proposed to be disposed of.
2. Vide petition bearing CRMC No. 281/2016, petitioner-Alok Betab has challenged FIR No. 158/2016 for offences under Sections 509 and 506 RPC registered with Police Station, Domana. Vide petition under section 561-A of J&K Cr.P.C. bearing CRMC No. 437/2016, petitioners-Alok Betab and others have challenged FIR No. 251/2016 for offences under Sections 509 , 354-B, 500 and 506 RPC read with Sections 67 and 67-A of the Information Technology Act, whereas vide OWP No. 1083/2015, petitioner-Alok Betab has challenged Order No. SCW/08/2015/65, dated 24.06.2015 issued by the Secretary, J&K State Commission for Women.
3. As already noted, the petitioner has thrown challenge to FIR No. 158/2016 for offences under sections 509 and 506 RPC registered with Police Station, Domana. Before coming to the contentions raised in this petition, it would be apt to notice the contents of the impugned FIR that was lodged by respondent No. 2 on 28.05.2016, with Police Station, Domana. The same are reproduced as under:-
“That the complainant is working as PRT Teacher in DAV Jammu for the last about eleven years but the day the present Principal Alok Betab took the charge of School as Principal in year 2012, my life has become hell right from the day one. He started torturing me by using abusive language and also by calling me in his office time and again without any rhyme and reason, I requested him not to harass me but he did not stop his attitude and he used to call her on Mobile during the late hours, which I statted in the previous matter as well as stated verbally in my this complaint on 09.09.2014. When he was called at the Police Station, he apologized for his conduct before my father and uncle, in presence of SHO of the Police Station and he also tendered written apology me to withdraw my complaint his assurance that he will not repeat the act again but to my surprise on the very next day, he tortured me in front of everybody by saying that my complaint had not done anything wrong to him and the clear act I force at you to withdraw the same forcibly. That he again started harassing her so I brought the matter to DAV higher authorities at Delhi for necessary action. When he came to know about the same he told me that he has very high approach with the higher authorities, so nobody can harm me. However, DAV authorities called me Delhi one time for enquiry and I requested them to shift the Principal for impartial probe and enquiry in view of guidelines framed by Hon'ble Supreme Court in Vishaka Case but Principal was right in saying so that he has approached with DAV authorities that's why D.A.V. authorities without transferring him, dismissed my complaint without proper enquiry. In view of this unfair enquiry complainant approached National Women Commission Delhi wherein I have stated all the facts in detail. NWC Delhi after thorough verification directed the J&K Women Commission Jammu to take action in the matter in the month of January, 2015 and accordingly I approached Women Commission Jammu with the application and directed for enquiry. Women Commission has called Alok Betab and heard him and a report was sought from SHO P/S Domana and accordingly after giving opportunity to both the sides, the Commission Prima-facie found substance in my allegations and accordingly vide this office No. SCW/08/2015/15, dated 24.06.2015, directed Chairman DAV Management Committee Delhi to transfer him for thorough enquiry in view of Vishaka'