Karnataka HC Dismisses Plea To Quash Sexual Harassment Case Against 'Astrologer' Accused Of Inappropriately Touching Woman To ‘Set Her Kundali Right’
The Karnataka High Court dismissed a petition to quash criminal proceedings against an astrologer accused of inappropriately touching a woman under the guise of performing puja to set her ‘kundali’ right
The victim-woman had alleged that her husband was also present when the incident occurred, but he “neither protested nor protected” her. An FIR was filed against the husband and the astrologer under Sections 354 and 354A of the IPC alleging that they inappropriately touched her body.
The Court took note of the seriousness of the allegations and dismissed the petition of the accused filed under Section 482 of the IPC to quash the FIR and the charge sheet filed against them.
A Single Bench of Justice MG Uma observed, “It is pertinent to note that accused No.2 is the stranger to the family and he posed himself as an Astrologer and specific overt act to constitute offence punishable under Sections 354, 354A of IPC is made out by the informant. Looking to the nature and seriousness of the allegations made against accused Nos. 1 and 2 in the present case, I am of the opinion that it is not fit case for quashing criminal proceedings.”
Advocate H.B. Rudresh appeared for the petitioner, while Addl. S.P.P. Asma Kouser represented the respondents.
The respondent (victim) registered one FIR under Section 498A of the IPC against her husband and another involving allegations under Sections 354 and 354A of the IPC against her husband and an alleged astrologer for sexually assaulting her under the guise of performing puja to set her ‘kundali’ right.
The complaint alleged that the astrologer inappropriately touched the victim during a puja, with her husband present who neither protested nor protected her.
The Court noted that the victim had alleged that her husband had taken her to the astrologer and they “inappropriately touched her body and committed the offence punishable under Section 354 and 354A of IPC. When the same was resisted by respondent No.2, accused No.1 warned her not to oppose accused No.2 and thereby he joined hands with accused No.2 in committing the offences,” the Court remarked.
Consequently, the Court held that “The allegations against accused No.1 being the husband and accused No.2, who posed himself as an Astrologer are of serious nature. Specific allegations are made against both the accused and under such circumstances, it cannot be said that the criminal proceedings is liable to be quashed.”
Accordingly, the High Court dismissed the petition.
Cause Title: Deepa Darshan H.P. & Anr. v. Police Inspector & Anr. (Neutral Citation: 2024:KHC:31289)
Appearance:
Petitioners: Advocate H.B. Rudresh
Respondents: Addl. S.P.P. Asma Kouser; Advocates Ashish Ram .D. and Krishnamoorthy .D.
