JUDGMENT :

1. The present application under Section 482 Cr.P.C. has been filed by the applicant-Mohd Haroon with the prayer to quash / set-aside of rejection order of Discharge Application dated 15.11.2022 in Case No. 10417 of 2022 (State Vs. Mohd Haroon) arising out of Case Crime No. 248 of 2022, under Sections 354, 354-A, 354-D and 509 I.P.C., Police Station Kotwali, District Hamirpur with a further prayer to stay the further proceedings of the said case pending in the Court of Civil Judge (Jr. Division), F.T.C. Crime against Women Court, Hamirpur.

2. The facts as set out in the case are that a first information report was lodged on 19.08.2022 by the opposite party no.2 for an incident which took place from 25.07.2022 to 18.08.2022 which was lodged as Case Crime No. 248 of 2022, under Sections 354 (Ga), 354 (Gha) I.P.C., Police Station-Kotwali, District Hamirpur against the applicant Mohd. Haroon, Advocate, Hamirpur. The contents of the said first information report which set out the prosecution case are extracted herein below:-

^^udyçkŒi=& To SHO Police Station Kotwall, Hamirpur, From Harshita Sachan, Civil Judge (J.D.)/F.T.C., Hamirpur. Subject: Complaint against Advocate Mohammad Haroon practicing at District Court Hamirpur Sir, This is to inform that I took charge as Civil Judge (J.D.)/F.T.C., Hamirpur on 05.07.2022. In the fourt week of July (18th July - 24 July), saw an advocate (Mohammad Haroon practicing at District Court Hamirpur) ogling at me through the gap between the wall behind my chamber while I was walking out of my chamber. It happened twice that week. It did not know the name of the Advocate at that point of time but I recognised him as he had appeared in my Courtroom before. On 25th of July, around 8:45 pm, after going for my usual walk at the Yamuna walkway, I had sat down at a bench there. I had earphones on and was listening to music. Two minutes later, I saw the same advocate standing right next to the bench saying something. Out of courtesy, I removed my earphones and exchanges greetingsThen the following conversation took place M. Haroon: vki gehjiqj okil vk x;h gS rks vPNk yx jgk gksxkA I nodded M Haroon: vki ljhyk pyh x;h Fkh rks eu ugha yx jgk FkkA I was visibly uncomfortable and as he seemed drunk, so I started to stand up from the bench, when he said - eSaus vkidks fMLVcZ rks ugha fd;kA Where I said dkQh ysV gks x;k gS] eq>s fudyuk pkfg;sA and then I turned around. As I was leaving, he said, oSls vPNh yx jgh gksA AS it was already quite late. I ignored that comment and I left. I was disturbed by this incident and I stopped going to the walkway for a couple of days. I mentioned that incident to my friends who urged me to report, but believing that it was a one time transgression, I decided to ignore it. A few days later, I saw M. Haroon staring at me again from the wall behind my chamber while I was walking outside. It made me very uncomfortable and anxious and I walked back into my chamber not knowing what to do. I had been avoiding going to the walkway since the inappropriate conversation as well On 01.08.2022, after I had calmed down, I went for a walk on the Yamuna walkway at 8:18 pm, I even sent my live location to a friend because of the fear of any untoward incident happening. At 8.40 pm, I sat on a bench and within a minute, M. Haroon walked towards the bench. The following conversation took place I asked him straightway. vkidk uke D;k gS\ M. Haroon: eksgEen gk:u Then I proceeded to warn him, vkids ml fnu ds O;ogkj ls eSa dkQh fMLVcZ gw¡ vki tks ;gka esjs ihNs&ihNs pyrs gSa vkSj dksVZ esa nhokj ls >kadrs gSa- ;g nksckjk ugha gksuk pkfg,A vkt ds ckn eq>ls ckr djus dh t:jr ugha gSA vxj nksckjk ,slk gqvk rks eSa fQj dEiysUv d:axhA After listening to this, he walked off without saying anything. After that day, he would walk a few beet behind me every time I would go for a walk on the Yamuna walkway. He would also appear in my Courtroom even when there was no mater listed and would seat himself f