ORDER

This petition is filed by the petitioner/accused under Section 482 of Cr.P.C., for quashing the criminal proceedings in C.C.No.52810/2021 arising out of Crime No.16/2021 registered by Marathahalli police station and charge sheeted for the for the offences punishable under Sections 354, 354A, 354B, 354D, 506 and 509 of Indian Penal Code (hereinafter referred to as 'IPC') pending on the file of XXIX Additional Chief Metropolitan Magistrate, Mayohall, Bengaluru.

2. Heard the arguments of learned counsel for the petitioner, learned counsel for respondent No.2 and learned HCGP for the respondent No.1/State.

3. The case of the prosecution is that, on the complaint of respondent No.2 on 27.1.2021 police registered FIR. It is alleged by respondent No.2, that she was working as HR Manager in a private company, where the petitioner said to be working under her as a team. During the course of employment, the petitioner said to be trying to sexually assault her on 30.7.2019. Wherein the complainant was staying in house, the accused petitioner called her telephonically for coffee and took to his own house and attempted to commit rape and she has escaped from the same. She also stated on 23.2.2018 she has sent email asking the accused not to talk unrelated topics, than the work. But he has continuously harassed her one or the other way and there is various allegations made by her in the complaint. Later, she came to know, the petitioner filed a false complaint against her as a sexual harassment on him. She has stated the petitioner himself attempted to commit rape and outrage her modesty. Hence prayed for taking action. The police registered FIR and filed the charge sheet which is under challenged.

4. Learned counsel for the petitioner has contended the FIR registered against petitioner and complaint filed by her is belatedly more than 2 years. The incident alleged said to have taken place during July 2018 and the complaint filed in January

2021. There is no explanation for the delay. Further contended, the petitioner himself filed complaint against the respondent No.2 on 8.6.2019. Though the police initially registered the NCR No.433/2019 and subsequently registered FIR against her in Crime No.464/2020 and later the police said to have filed 'B final report' which is under challenge. As a counter blast the respondent No.2 filed the complaint against him and ingredients not made out in the complaint regarding offences alleged in the FIR or in the complaint. Hence, continuing the proceedings against the petitioner is abuse of process of law. Hence, prayed for quashing the same.

5. Per contra learned counsel for respondent No.2 seriously objected the petition and contended that the petitioner made false complaint against the respondent No.2. Internal Committee for sexual harassment was conducted. The enquiry in the company itself was conducted and clean chit was given to her. However, with the help of co-employees, the petitioner is in habit of filing the complaint against her. Therefore, she quit the job and on the complaint, the company terminated the service of the petitioner. He has so many allegations in the company and management. There is prima facie material placed on record, for framing of the charges against him, the statement under Section 164 of Cr.P.C., made by respondent No.2 clearly attracts the provision of 354 of IPC. Here in this case, there is a delay, that itself is not a ground for quashing the Criminal proceedings. The delay was properly explained by the complainant in the complaint itself and therefore prayed for dismissing the petition.

6. Learned HCGP also supported the contention of learned counsel for the respondent No.2 contending that there is a prima facie material placed on record, for having sexually harassing of the women by the petitioner who is co-employee.

7. Having heard he arguments and perused the records, especially the complaint filed by the respondent No.2, which is lengthy complaint made by her and