Unfortunate To See That Lawyers Are Instigating Parties To File Frivolous Sexual Harassment Cases: Delhi High Court
The Delhi High Court has emphasized the need for sensitizing lawyers to prevent the misuse of legal provisions related to sexual harassment and outraging the modesty of women, expressing concern over the growing trend of filing frivolous complaints under these sections.
The Single-Judge Bench of Justice Subramonium Prasad, while quashing two cross First Information Reports (FIRs) filed by landlords and tenants accusing each other of outraging modesty, stated that it is essential to initiate action against individuals who misuse Sections 354 (outraging modesty of women), 354A (sexual harassment), 354B (assault with intent to disrobe), 354C (voyeurism), and 354D (stalking) of the Indian Penal Code, 1860 for ulterior motives.
"It is also unfortunate to see that lawyers are advising and instigating parties to file such frivolous cases. Time has come to sensitize lawyers as well so as to ensure that the process of law is not abused," the Court observed.
The case involved cross FIRs, with a tenant accusing the landlord of outraging her modesty and the landlord filing similar accusations against the tenant. Both parties sought quashing of the FIRs based on a mutual settlement.
The Single-Judge expressed dismay at the misuse of serious offences such as those under Sections 354, 354A, 354B, 354C, and 354D IPC to force parties into withdrawing legitimate complaints or for personal gain. "Unfortunately, it is now becoming a trend to register FIRs... to arm twist a party," the judge remarked.
The Court stressed that such allegations have a severe impact on the reputation of the accused and should not be made lightly. "This practice is an abuse of the process of law," he added, pointing to the case at hand as an example where a landlord-tenant dispute was escalated into serious accusations involving outraging the modesty of women and even children.
The Court further noted the strain placed on limited police resources due to the need to investigate these frivolous cases. "The police force is very limited, and they have to spend time investigating frivolous cases... serious investigations get compromised," the Court observed.
While quashing the two FIRs, the Court imposed a cost of Rs. 10,000 each on the petitioners, directing them to deposit the amount with the Armed Forces Battle Casualties Welfare Fund.
Cause Title: Mr. Rajesh Wadhwa and Ors. v. The State of NCT of Delhi & Anr.
Click here to read/download the Order
