Mumbai: A man accused of manhandling a female official has been granted relief by the Kolhapur bench of Bombay High Court.
However, the court refused to cancel the FIR against him.
The FIR, registered in February 2024, was on the basis of the woman’s complaint that an agriculturist barged into the Gram Panchayat office, where she was posted.
She claimed an altercation took place between her and the accused, and that during the heated exchange, the man allegedly snatched some documents from her, tore them up and threw them on the desk.
Thereafter, he allegedly grabbed and pressed her right shoulder and shoved her away after doing something that made her feel uncomfortable.
An FIR was filed against the man for using criminal force against a public servant to obstruct her from carrying out her duty, outraging the modesty of a woman, and sexual harassment.
The high court held charges of sexual harassment were not maintainable.
The bench observed that while the man may or may not have outraged the woman’s modesty, there was no intent to commit physical contact and that there was an absence of advances involving unwelcome and explicit sexual overtures or a demand for sexual favours.
Going through the complainant’s statement in detail, the high court said that it prima facie indicated she was doing her job when the man entered the Gram Panchayat office and argued with her, and snatched the copy of some order, tore it up and threw it on the desk.
Thereafter, he grabbed and pressed her right shoulder and shoved her away after doing something that made her feel ashamed, the high court observed.
“Prima facie, it reveals that the Petitioner used assault or criminal force to deter her from discharging her duty as a public servant and also outraged her modesty, causing her to feel ashamed,” the bench said.
“However, prima facie, it does not appear that the Petitioner, with an intent to commit physical contact and advances involving unwelcome and explicit sexual overtures or a demand for sexual favours, as contemplated in Section 354-A of the IPC (sexual harassment). Therefore, prima facie, the ingredients of Section 354-A of the IPC are not attracted against the Petitioner,” the court concluded.
The man had approached the high court seeking cancellation of the FIR and the chargesheet filed against him.
