HC quashes proceedings against youth

The Madurai Bench of the Madras High Court recently observed that it was quite natural for two persons (teenagers) in love with each other to hug or kiss and this cannot constitute an offence of sexual harassment.

The court was hearing a petition filed by a youth who sought to quash an FIR registered against him in Thoothukudi district. The case of the prosecution was that the petitioner was in a relationship with the woman since 2020. He was 20 and she was 19. It was said that in 2022, he called her to a secluded place at night and after engaging in a conversation with her, he hugged and kissed her.

The woman told her parents about the relationship and asked the petitioner to marry her. However, the petitioner refused to marry her and started avoiding her. Under these circumstances, a complaint was lodged and the FIR was registered for the offence under Section 354-A(1)(i) of IPC.

Justice N. Anand Venkatesh observed that . the specific allegation made in the FIR was that the petitioner and woman met in a secluded place and they were talking to each other. During this time, the petitioner is said to have hugged and kissed her. Thereafter, he refused to marry her.

The court observed that to constitute an offence under Section 354-A(1)(i) of IPC, a man must commit physical contact and make advances involving unwelcome and explicit sexual overtures. Even if the allegations are taken as it is, it was quite natural for two persons (teenagers), who were in a relationship to hug or kiss each other. By no stretch, this can constitute an offence under Section 354-A(1)(i) of IPC.

The court observed that no offence had been made out against the petitioner and the continuation of the criminal proceedings against the petitioner will result in abuse of process of law. Taking into account that a final report had been filed before Judicial Magistrate, Srivaikuntam, and it was taken on file, the court quashed the proceedings.

Published - November 15, 2024 08:58 pm IST