Woman going through emotional turmoil 'casually' files sexual harassment case against live-in partner; fined Rs 20,000 by Delhi HC

Delhi HC

The Delhi High Court has ordered a woman to pay a fine of Rs 20,000 for "casually" filing a sexual harassment case against her live-in partner when she was going through emotional and medical turmoil.

Justice Swarana Kanta Sharma has ordered quashing of the FIR against the woman;s partner, that was filed under sections 69 (sexual intercourse by employing deceitful means, etc.) and 351(2) (criminal intimidation) of BNS after both parties arrived at a compromise, media reports have said.

The Delhi High Court's order, that came on July 15, said that such allegations filed "recklessly and casually" have grave consequences on the accused as well as the administration of justice.

The order said, "While this explanation (woman's) has been duly noted, it is equally important to emphasise that the lodging of a complaint under Sections 69 and 351(2) of the BNS, involving serious allegations of physical assault and wrongful restraint, cannot be permitted to be filed in a casual or reckless manner," adding, "Such allegations carry grave consequences and impact not only the accused but also the administration of justice.

Justice Sharma added that if a person is framed or if the allegations have risen from a misunderstanding between the parties, the principles of justice and fairness would be undermined if a person accused in such a case is made to undergo a trial.

"The continuation of criminal proceedings, despite the unwillingness of the complainant to pursue them and the subsequent settlement between the parties, would serve no useful purpose and would rather amount to an abuse of the process of law," the court said.

The court fined the woman after taking note of her claim of having filed the complaint on the basis of "misunderstanding" and setting the criminal law machinery in motion despite being in the relationship with the petitioner voluntarily.

The woman was ordered to deposit the fine amount with the Delhi High Court Legal Services Committee within four weeks.

(With PTI inputs)