Internal Committee's Closure Report Not Enough To Close Sexual Harassment FIR: Karnataka High Court

The Karnataka High Court has held that an Internal Committee's report following an inquiry into a sexual harassment complaint cannot, by itself, result in the closure of a criminal case involving a cognizable offence.

Justice V Srishananda observed that since the offence under Section 354A of the Indian Penal Code is cognizable, the Internal Committee's proceedings and report would not be sufficient to close the criminal case unless a police investigation takes place.

As per the facts, the complainant was working as a Junior Resident under the petitioner in the Department of General Surgery, wherein the petitioner was working as a Assistant Professor. She alleged that she was sexually harassed by the petitioner. The matter was referred to Internal Local Committee and it was closed. However a  complaint was lodged based on which police registered the case  under Section 354A IPC against which petitioner approached the high court. 

The petitioner claimed that the matter was closed after it was referred to Internal Local Committee. The police complaint was filed only as an afterthought with an intention to malign the petitioner that too belatedly after 28 days, the petitioner claimed. 

Rejecting these grounds at the FIR stage, the Court heldm

“Delay in lodging the complaint cannot be a ground for quashing the FIR that too at the inception stage. At the most, delay in filing the FIR can be a defence that is available to the accused if the charge sheet is filed during the trial.”

The Court further said,

“The matter was immediately reported to the Internal Local Committee and there was an enquiry and some report has been filed. Admittedly such reports would not be sufficient enough to close the criminal case unless an investigation takes place as the offence under Section 354A of IPC is a cognizable offence,.”

It held that the other grounds raised by the petitioner were matters of defence that could be considered during trial and were not sufficient to invoke its jurisdiction to quash the FIR.

Accordingly, the High Court dismissed the petition.

Case: DR. ASHWIN HEBBAR K VS STATE OF KARNATAKA & ANOTHER

WRIT PETITION NO. 18058 OF 2022

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