ORDER

Heard finally, with the consent of the parties 2]

This petition has been filed by the petitioner under Section 482 of the Cr.P.C. for quashing the FIR dated 04.04.2023, lodged at Police Station Manpur, District Indore at Crime No.131/2023 under Sections 354, 354A of the Indian Penal Code, 1860 and Sections 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989 (Amended

2015) and the consequent criminal proceedings arising out of the aforesaid crime number.

3]

In brief, the facts of the case are that the aforesaid FIR was lodged by the complainant on 04.04.2023, in respect of the incident which took place between 15.10.2021 and 05.11.2022. According to the FIR, the complainant was working with Jawahar Navodaya Vidyalaya, Manpur as a consultant (Paramarsh Datri) and joined her duties on 14.09.2021, and has worked up to 13.06.2022. 4]

The complainant‟s grievance was that the present petitioner Omprakash Sharma, who was the Principal of the school, used to call her to his room for one reason or the other, and also used to touch her hands on some pretext. However, in the month of January, 2022 he squeezed her hand and also threatened her, but at that time, she did not report the aforesaid incident due to fear of her reputation.

However, subsequently, her name was also connected with one Sports teacher at the School, regarding which, when again she went to the Principal‟s office i.e., the office of the petitioner, to give her complaint in writing, to which he asked her to accompany her to a hotel where the matter can be settled. She has also alleged that the petitioner has made aspersions on her caste. She has also informed the incident to Rahul Gupta, Rohan Rajak and Manorama Tomar.

5]

Shri Manu Maheshwari, leaned counsel for the petitioner has submitted that the petitioner is a 55 years old Government servant, posted as Principal of the Government School and such false allegations levelled against him have already dented his image in the school, which requires to be mended, and the case be quashed at this stage only, as the complainant has made false allegations against the petitioner, which is also reflected from the inquiry report dated 24.11.2022, submitted by the Police Station AJK, Indore to Superintendent of Police, AJK, Indore Range, and another inquiry report dated 04.02.2023, prepared by the Police Station Manpur, where the FIR was lodged. Another report was also prepared on 07.02.2023 by the Additional S.P., Police Station Dr. Ambedkar Nagar, Mhow, Indore. The inquiry report dated 16.12.2022 submitted by the Internal Complaints Committee related to sexual harassment of women at work place is also placed on record in which also clean chit has been given to the petitioner. It is also submitted that in these reports, the CCTV footages have also been taken into account as in the entire school various CCTV cameras have been installed.

6]

Counsel has also submitted that on 05.11.2022, when the incident is said to have been taken place, the same was also witnessed by a witness namely Sandeep Kulkarni, whose name is also reflected in the report dated 24.11.2022, who has also stated that the complainant wanted to forward some application through the petitioner and as the petitioner refused the same, the complainant got angry. It is also submitted that although in the FIR dated 04.04.2023, the names of Rahul Gupta, Rohan Rajak and Manorama Tomar have also been mentioned as the persons to whom she had given this information, however, in her initial complaint dated 05.11.2022, she has not named such persons. The initial complaint is also available in the case-dairy. Counsel has submitted that in the light of the aforesaid three police inquiry reports submitted in favour of the petitioner, no purpose would be served to drag him in a false case, especially when there is no prima facie corroborative evidence to connect the petitioner with the offence.

7]

Counsel for the petitioner has also relied upon the decisions rend