The Bombay High Court has quashed a sexual harassment complaint against a former senior vice-president of a spot exchange after imposing a cost of ₹1 lakh on him.
𝗙𝗜𝗥 𝘀𝗾𝘂𝗮𝘀𝗵𝗲𝗱 𝗮𝗳𝘁𝗲𝗿 𝗰𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝗮𝗻𝘁 𝘀𝗮𝗶𝗱 𝘁𝗵𝗲𝘆 𝗵𝗮𝘃𝗲 𝘀𝗲𝘁𝘁𝗹𝗲𝗱 𝗱𝗶𝘀𝗽𝘂𝘁𝗲
A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan recently quashed the FIR after the complainant, a former colleague of the executive, consented to quashing the case, saying they have amicably settled the dispute, and also filed an affidavit to that effect.
A complaint was registered with the police under various sections of the Indian Penal Code for sexual harassment. The complainant alleged that she was working as a senior executive in the spot exchange and the man was working as a senior vice-president in the firm. She alleged that he had sent her objectionable WhatsApp messages in July 2019, Sept 2019 and from Nov 2021 to May 2022.
𝗖𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝗮𝗻𝘁 𝗿𝗲𝘀𝗶𝗴𝗻𝗲𝗱 𝗳𝗿𝗼𝗺 𝗳𝗶𝗿𝗺 𝗮𝗳𝘁𝗲𝗿 𝗻𝗼 𝗮𝗰𝘁𝗶𝗼𝗻, 𝗳𝗶𝗹𝗲𝗱 𝗰𝗼𝗺𝗽𝗹𝗮𝗶𝗻𝘁 𝘄𝗶𝘁𝗵 𝗽𝗼𝗹𝗶𝗰𝗲
She initially filed a complaint with the firm under the Prevention of Sexual Harassment at the Workplace Act. However, the company did not look into it and hence she resigned. Subsequently, she filed a complaint with the police. However, pending the case, the two “amicably settled their dispute and decided to put a quietus to the same”. The man tendered an unconditional apology to the complainant and consent terms were signed by the two.
Relying on a Supreme Court judgment, the HC quashed the case observing that there was “no impediment in allowing the application”.
𝗛𝗖 𝗶𝗺𝗽𝗼𝘀𝗲𝘀 𝗰𝗼𝘀𝘁 𝗼𝗻 𝗺𝗮𝗻
The HC, however, directed the man to pay ₹1 lakh. Of these, Rs25,000 each has to be given within two weeks to the Association of Parents of Mentally Retarded Children, Jeevan Sandhya Manglya Sansthan, Kokan Kala Va Shikshan Vikas Sanstha, and Pasaydan Balvikas Foundation. The HC has kept the matter for compliance on March 30.
