The Bombay High Court observed that, merely by making general and vague allegations without mentioning even a specific single incident, it would not be proper to push the accused to face trial.
The Nagpur Bench observed thus in a Criminal Application filed by an accused seeking to quash the FIR registered for the offences punishable under Sections 354-A and 354-D of the Indian Penal Code (IPC).
A Division Bench of Justice Avinash G. Gharote and Justice Abhay J. Mantri elucidated, “Facing criminal prosecution is a serious affair which one shall not be pushed into unless there is substantial material. Merely by making general and vague allegations that the applicant was involved in the crime without mentioning even a specific single incident against him or by any of the witnesses, it would not be proper to push him to face the trial.”
Advocate S.A. Kanetkar appeared for the Applicant while Additional Public Prosecutor (APP) H.R. Dhumale and Advocate Kirti Deshpande appeared for the Non-Applicants.
Factual Background
The Applicant was working as a Joint Manager at Finlay Mill, Achalpur, District-Amravati, which is a Government of India undertaking. Non-applicant also worked as a Training In-charge in Mill in the Training Department. In 2021, the Non-applicant lodged a report against the Applicant, alleging that he intentionally harassed her.
She further alleged that he would look at her with evil eyes and abuse her with filthy words, thereby making her ashamed of herself. He also used to allegedly tell her that she “looks sexy in a saree”. Based on the Complaint, an offence was registered against the Applicant. Hence, he was before the High Court, seeking quashing of the FIR registered against him.
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Reasoning
The High Court in view of the facts and circumstances of the case, said, “… it is evident that though according to non-applicant No.2, the applicant was harassing and stalking her since August 2017, till, she did not make any complaint against him to the higher officer or at the ‘ICC’ when she claimed herself as an activist and representative of the staff. She has not assigned any reason for belatedly lodging the first information report.”
The Court further noted that a bare perusal of the allegations in the Complaint prima facie do not disclose that the Non-applicant made any specific allegation against the Applicant of harassing her or stalking her. It also noted that the FIR and the statements of the witnesses recorded do not show that the Applicant was harassing or stalking the Non-applicant, as alleged.
“No specific allegation appear against the applicant, constituting the offence punishable under Sections ‘354-A and 354-D’ of the Indian Penal Code. The allegations made against the applicant are vague and omnibus. On the contrary, it seems that on 24-04-2021, the applicant lodged the complaint against non-applicant No.2 with the higher authority and, therefore, to retaliate, the possibility of implicating the applicant in a false complaint to create pressure on him cannot be ruled out”, it added.
The Court observed that the allegations made against the Applicant are general and vague, which do not prima facie constitute any offence as alleged by the Non-applicant. It said that the Applicant has made out a case to invoke the inherent powers of the Court.
Accordingly, the High Court allowed the Application and quashed the FIR against the accused.
Cause Title: Narendra Kumar Santraj Sharma v. State of Maharashtra & Anr. (Neutral Citation: 2025:BHC-NAG:459-DB)
Source: verdictum
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