Madurai: The Madurai bench of the Madras High Court recently quashed criminal proceedings in an alleged sexual harassment case against a 20-year-old young man for hugging and kissing 19-year-old young girlfriend, saying it is quite natural for two persons in the teenage, who are having a love affair, to hug or kiss each other.
Justice N Anand Venkatesh quashed the First Information Report (FIR) registered by the local police under section 354-A(1)(i) (sexual harassment) of the Indian Penal Code (IPC) on a complaint registered by the girl.
Even if allegations are taken as it is, it is quite natural for two teenage persons having a love affair to hug or kiss each other: HC
“To constitute an offence under Section 354-A(1)(i) of IPC, a man must commit a physical contact and make advances involving unwelcome and explicit sexual overtures. Even if the allegations are taken as it is, it is quite natural for two persons in the teenage, who are having a love affair to hug or kiss each other. By no stretch, this can constitute an offence under Section 354-A(1)(i) of IPC,” Justice Venkatesh said while quashing the complaint.
What was the case of the prosecution?
As per the prosecution, the boy and girl had a love affair since 2020. The boy on November 13, 2022 called the girl and asked her to come to a place. They were talking from 9 PM to 12 midnight and suddenly, the boy hugged the girl and kissed her. Thereafter, the girl conveyed to her parents about the relationship and asked the boy to marry her. The boy refused to marry her and started avoiding the girl. Later, the girl lodged the complainant, following which the FIR was registered.
The police, after completing the investigation had filed its final report before the trial court and the case had moved to trial court proceedings.
Continuation of criminal proceedings against petitioner will result in abuse of process of law: High Court
The High Court noted that the boy is aged about twenty years and the girl (the defacto complainant) is aged about 19 years and admittedly, both of them had a love affair. It also noted that the specific allegation in the FIR is that they met at a lonely place, where the boy said to have hugged and kissed the girl and thereafter, he refused to marry the girl and said that even if the allegations are taken as it is, no offence under Section 354-A(1)(i) of IPC is made out against the boy.
“No offence has been made out against the petitioner (boy) even if the allegations made in the First Information Report are taken as it is. Therefore, the continuation of the criminal proceedings against the petitioner will result in abuse of process of law,” the High Court said while quashing the case against the boy.
