In a significant ruling, the Gujarat High Court has addressed the quashing of a complaint and FIR in a case involving allegations of harassment by a doctor at Rajesh Hospital. The decision underscores the court’s commitment to upholding justice and preventing the abuse of legal processes in the matter at hand.
Facts
- The application under Section 482 of Cr.P.C. seeks to quash the complaint and FIR registered against the applicant/s.
- The complaint and FIR are for offences under Sections 354 and 354A of the IPC.
- The applicant/s request the court to quash the said complaint and all consequential proceedings.
- The complaint is registered with Kalol City Police Station, Gandhinagar.
- The applicant/s seek relief from further legal actions based on the mentioned complaint.
Analysis
- Accused’s act of forcefully touching the first informant prima facie amounts to outrage of the victim’s modesty.
- The accused, a Doctor at Rajesh Hospital, faces charges under Section 354 and 354A of the IPC for sexual harassment.
- The complainant approached the accused for a check-up and was caught off guard by the accused’s advances.
- The offence of outraging a woman’s modesty extends beyond physical violence to include verbal or non-verbal conduct intended to insult.
- The government has taken steps to strengthen laws against sexual offences, reflecting the importance of protecting women’s safety and security.
- Police has the statutory right and duty to investigate cognizable offences under relevant provisions of the Code of Criminal Procedure in Chapter XIV.
- Courts should not hinder any investigation into cognizable offences.
- Investigation should not proceed if no cognizable offence is disclosed in the first information report.
- Quashing power should be sparingly exercised, in the ‘rarest of rare cases’.
- The court should not assess the reliability of allegations in an FIR/complaint during quashing proceedings.
- Criminal proceedings should not be halted at the initial stage.
- Quashing of a complaint/FIR should be exceptional and rare.
- Normal bar exists for courts usurping the jurisdiction of the police.
- Inherent power of court under Section 482 Cr.P.C. recognized to secure justice or prevent abuse of process.
- Functions of judiciary and police are complementary and non-overlapping.
Case Title: PARTH MUKESHKUMAR VYAS Vs. STATE OF GUJARAT
Case Number: R/SCR.A/4921/2024
