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'Filed Only To Arm Twist Accused': Delhi High Court Expresses Concern Over Alarming Increase In False Sexual Harassment Cases

Nupur Thapliyal
14 Feb 2022 2:00 PM GMT
Filed Only To Arm Twist Accused: Delhi High Court Expresses Concern Over Alarming Increase In False Sexual Harassment Cases
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The Delhi High Court has recently expressed concern over alarming increase in false sexual harassment, observing that the same are filed only to arm twist the accused and make them succumb to the demands of the complainant."This Court is pained to note that there is an alarming increase of cases under Section 354, 354A, 354B, 354C & 354D only to arm-twist the accused and make them succumb...

The Delhi High Court has recently expressed concern over alarming increase in false sexual harassment, observing that the same are filed only to arm twist the accused and make them succumb to the demands of the complainant.

"This Court is pained to note that there is an alarming increase of cases under Section 354, 354A, 354B, 354C & 354D only to arm-twist the accused and make them succumb to the demands of the complainant," Justice Subramonium Prasad observed.

The Court also noted that the time spent by the police in investigating such false cases and in Court proceedings hinders them from spending time in investigation of serious offences.

"As a result cases which are required proper investigation get compromised and accused in those cases end up going scot-free due to the shoddy investigation. Valuable judicial time is also spent in hearing cases where false allegations are made and is consequently an abuse of the process of law," the Court said.

The Court was dealing with two petitions seeking quashing of FIRs arising out of a dispute which was civil in nature. While one of the FIR was registered under sec. 354, 323 and 509 of IPC the other was registered under 354, 323, 506 and 509 of IPC.

It was stated that both the parties were closely related to each other and that owing to some misunderstanding, a quarrel took place over a issue of parking of vehicle, which involved the family member from both the sides.

However, it was submitted that with the intervention of the common family friends and the respectable persons of the locality, both the parties had entered into an amicable settlement.

During the course of hearing, the parties undertook that they will remain bound by the terms of the Settlement Agreement arrived at between them.

The Court quashed the FIRs in view of the fact that cross complaints were filed by the parties, who are family members and closely related to each other who later sought to get the FIRs quashed on the basis of the Settlement arrived at between them.

The Court said that the matters were squarely covered by the law laid down by the Supreme Court in Gian Singh vs. State of Punjab.

"Since, the Police had to spend valuable time in investigating the offences and considerable time has been spent by the court in the criminal proceedings initiated by the petitioners, this Court is inclined to impose cost upon the petitioners," the Court added.

The Court therefore directed the petitioners to deposit a sum of Rs.50,000 each with the "Armed Forces Battle Casualties Welfare Fund" within a period of three weeks.

The pleas were accordingly disposed of.

Case Title: SAURABH AGGARWAL & ANR v. STATE & ANR.

Citation: 2022 LiveLaw (Del) 113

Click Here To Read Order 


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