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ANAND PATHAK
Indu Bora – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER :
(Anand Pathak, J.)
1. The present petition under Section 482 of the Code of Criminal Procedure, 1973 is preferred by the petitioner seeking quashment of the FIR registered at Crime No.508/2022 at the Police Station Gole Ka Mandir District Gwalior for offence under Sections 354-A, 509, 120-B of IPC.
2. Precisely stated facts of the case are that petitioner was working as Head of the Department (HOD) of Yogic Sciences whereas complainant was working as Yoga Instructor at the relevant point of time. It appears that dispute started when the present petitioner issued show cause notice dated 09-08-2018 regarding complainant's absence on 09-08-2018 itself and respondent No.2 replied the said show cause notice on 11-08-2018. Thereafter different correspondences also took place between the parties.
3. It appears that respondent No.2 was mainly aggrieved by the action/intention/overtures of the then Vice Chancellor, therefore, she raised certain allegations against the then Vice Chancellor and against the petitioner by way of filing police complaint. When no action was taken by the police authorities, then she filed an application under Section 156(3) of Cr.P.C. before the JMFC, Gwalior
The court quashed the FIR against the petitioner, finding no evidence of sexual harassment or conspiracy, emphasizing the lack of mens rea and the frivolous nature of the allegations.
The court ruled that allegations under the SC/ST Act and IPC were false and motivated by personal vendetta, emphasizing the need to prevent misuse of legal provisions.
The misuse of the S.C./S.T. Act for personal grievances is impermissible, and allegations must substantiate a prima facie case to avoid abuse of legal processes.
The court established that complaints of harassment under IPC Sections 354 and 509 must demonstrate assault and intent, which were absent; thus, quashing the FIR to prevent abuse of legal process.
The absence of specific intent or evidence in harassment allegations under Section 509 IPC, reinforced by prior exoneration, necessitates quashing of criminal proceedings.
An FIR cannot be sustained if filed past statutory limitations, but the High Court may quash charges based on merits, even post-charge sheet.
Summoning of an accused under IPC Section 354 requires clear evidence; unexplained delays and lack of corroborating witnesses render allegations insufficient.
Allegations of stalking and obscenity must meet legal thresholds of intent and evidence; mere accusations without substantiation are insufficient for prosecution.
The court quashed criminal proceedings against the petitioner due to lack of prima facie evidence and findings of mala fide intent behind the allegations.
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