Hriday Shah
The Supreme Court recently quashed a case under Section 354 of the Indian Penal Code (IPC) against the accused, emphasizing that the application of force must be accompanied by the intent to outrage a woman’s modesty. The decision came in response to a Criminal Appeal challenging an Allahabad High Court judgment that had rejected the accused’s plea to quash the chargesheet and proceedings under Sections 354 and 506 IPC.
The Bench observed that for Section 354 to be applicable, the offense must involve:
- An act committed against a woman;
- The use of criminal force;
- An intent to outrage her modesty.
The Court highlighted that the case lacked direct allegations or evidence to demonstrate such intent, making it clear that the requirements for invoking Section 354 IPC were not met.
The Appellant/Accused and Respondent/Complainant were co-directors in a company. After the appellant decided to dissolve their partnership in 2019, the complainant accused the appellant’s brother of inappropriate workplace behaviour and issued a threat to her life. Respondent filed a complaint before the Senior Superintendent of Police. Following allegations of inaction by authorities, an application was filed and the Chief Judicial Magistrate (CJM) directed the registration of an FIR against the appellant and his brother.
Subsequently, FIR was filed and the accused filed counter-complaints against the complainant, alleging criminal breach of trust, cheating, and siphoning of funds. A writ petition was filed before the High Court and the Hon’ble Court provided them protection from arrest but refused to quash the chargesheet, which led to the filing of an appeal in the Supreme Court.
The Court reiterated that in proceedings under Section 482 of the Code of Criminal Procedure, the focus is on whether the allegations, even if accepted at face value, constitute an offense. It is noted that neither the FIR nor the investigation provided sufficient material to suggest that the accused had committed an offense under Sections 354 or 506 IPC.
The Bench concluded that the evidence did not establish any intention to commit the alleged acts and subsequently quashed the proceedings against the accused.
Case Title: Naresh Aneja @ Naresh Kumar Aneja v. State of Uttar Pradesh & Anr.
Bench: Justice Sanjay Karol & Justice C. T. Ravikumar
Diary No.: Special Leave Petition (Crl.) No. 1093 of 2021