An FIR cannot be sustained if filed past statutory limitations, but the High Court may quash charges based on merits, even post-charge sheet.

ORDER :

1. This Criminal Petition is filed under Section 482 of the Criminal Procedure Code with the following prayers:

"(i) Quash the FIR in Crime No.107/2024 dated 28.04.2024 vide Annexure-A as against the petitioner herein registered at Holenarasipura Police Station, Hassan District, for offences that are made punishable under Section 354(A), 354(D), 506 and 509 of IPC pending on the file of the XLII Addl. Chief Metropolitan Magistrate, at Bengaluru, in the interest of justice.

(ii) Pass such other order/s or grant such other relief/s as this Hon'ble Court deems fit to grant, in the interest of justice."

2. On 28.04.2024, the complainant (respondent no.2) filed a complaint against the petitioner and his son with respondent no.1-Police, which reads as under:

3. On the date of filing of the complaint, the petitioner was a Member of Legislative Assembly from Holenarasipura Constituency and his son was a Member of Parliament from Hassan Constituency.

4. The allegations made against the petitioner herein in the complaint is that, the complainant was a distant relative of the petitioner and was working as a maid/cook in his house and at that time, she was subjected to sexual harassment by the petitioner as well as his son.

5. The specific allegations of sexual harassment against the petitioner mentioned in the complaint reads as follows:

'1. When she used to go to the storeroom, he used to hold her hand and pull her;

2. In the guise of giving fruits, he used to touch her body;

3. He used to remove her saree pin and subject her to sexual harassment.'

6. It is further alleged in the complaint that she was threatened by other employees of the house that if she dared to complain against the petitioner or his other family members, it would be met with dire consequences. However, unable to bear the harassment, complainant left the job in the house of the petitioner about four years prior to filing of the complaint. Angered by which, petitioner using his influence with the help of Police got the complainant thrown out of her house which was granted to her under the Ashraya Scheme and had it demolished. When the complainant tried to give a complaint in the Police Station thereafter, the Police/Deputy Commissioner refused to receive the same and instead they suggested that she should go and fall at the feet of the petitioner and his wife and beg for mercy. On account of the alleged threat that the complainant was subjected to, she was not dare enough to lodge a complaint, but recently when complaints were lodged against the son of the petitioner by other persons and proceedings were initiated against him, complainant- respondent no.2 took courage and lodged a complaint against the petitioner and his son. It is further alleged that the life threat continues and she has also requested for suitable protection. Further, the complaint is lodged in a secret place at Bengaluru.

7. After receipt of the complaint, respondent no.1-Police have registered a FIR in Crime No.107/2024 in the Court of the Principal Civil Judge (Jr.Dn.) and JMFC, Holenarasipura, Hassan District for the offences punishable under Sections 354A, 354D, 506 and 509 of the Indian Penal Code, 1860 (for short 'IPC').

8. Aggrieved by the same, the petitioner has preferred the present criminal petition on 27.05.2024.

9. The case of the petitioner is that, the allegations in the complaint even if presumed to be true, do not constitute an offence as alleged in the FIR.

Even otherwise, it is submitted that in the light of Section 468 of Cr.P.C., cognizance of the alleged offences cannot be taken, as the compla