New Delhi: The Delhi High Court has quashed an FIR lodged against a Delhi University (DU) Assistant Professor.
While doing so, the court expressed its anguish at how provisions such as Sections of sexual harassment and intimidation are falsely invoked at the drop of a hat to register one's displeasure at the conduct of another individual, adding that it merely trivialises the offence of sexual harassment and casts a doubt on the veracity of the allegation filed by every other victim who has in reality faced sexual harassment, thereby setting back the cause of women empowerment.
Justice Subramonium Prasad observed, ''This court deems it fit to quash FIR registered on February 7, 2021 at Police Station Jahangir Puri under sections 354A ( sexual harassment) and 506 (criminal intimidation) IPC to prevent the abuse of the process of any Court and to secure the ends of justice."
The bench said that a perusal of the material on record in the present case, in this Court's considered opinion, reveals that the contents of the FIR are sketchy in nature and are void of any specifics regarding the offence which have allegedly been committed.
The bench further said that a reading of the Status Report also does not reveal anything about the offence being referred to in the said FIR. It is stated in the report that the petitioner and his wife were habitual complainants and have filed multiple complaints against the construction that would take place in the neighbourhood, and therefore, it is evident that the instant FIR was maliciously instituted with an ulterior motive for wreaking vengeance on the petitioner, and with a view to spite him and his wife due to a private and personal grudge.
"A comprehensive reading of the matter at hand reveals that the said FIR was merely a counterblast and was solely registered to arm-twist the petitioner and his wife into withdrawing the complaints that had been filed against the respondent and her family," added the bench.
Advocate Kumar Piyush Pushkar, counsel for the petitioner, submitted that the instant FIR is an abuse of the process of law and was only filed after the petitioner's wife had filed the civil suit and then a written complaint against the respondent's son. It deserves to be quashed as the same has been lodged with a mala fide intent and is an attempt to coerce and arm-twist the petitioner's wife.
Cousel further submitted that the instant FIR contains nothing but bald allegations and has been registered in connivance with the police as the daughter in law of the respondent is a constable of Delhi Police.
Petition alleged that the respondent in collusion with the police, lodged the instant FIR on February 7 2021. It is stated that without giving a copy of the FIR to petitioner, the Police took him to the Police Station and asked him to pay Rs. 5 lakh as bribe to settle the matter.