Delhi HC Refuses to Quash Alleged Sexual Harassment Complaint By Law Student Citing Increased Misuse of Law

The Delhi High Court, on Friday, refused to quash a sexual harassment case filed by a female law student against her mates, despite a request for withdrawal based on a settlement reached between the parties after interference from their parents.

The matter was heard by Justice Girish Kathpalia, who expressed strong reservations about dismissing the case merely on the basis of a private understanding. The student had earlier filed the complaint alleging sexual harassment by fellow students, but later approached the High Court seeking to withdraw the case. The withdrawal was reportedly prompted by a settlement brokered between the families involved.

Justice Kathpalia declined the request seeking clarification on the truthfulness of the allegations and, if true, whether the victim was forced to sign a compromise. The court further stated that if the girl's allegations were true, the accused must be held accountable under the law. “If the complaint of the girl is true, then the perpetrators should be punished and not pardoned. However, if it is false, it is shameful and damaging to true victims of such crimes”, he remarked.

The court observed the increasing misuse of legal processes, stating, “First say rubbish, then with your hands in your pocket go to the police station and get an FIR registered, then with hands in your pocket come to the court to get it quashed”. The bench further questioned whether the parties’ advocates endorsed such conduct, where false complaints were allegedly being filed due to personal enmity.

Justice Kathpalia noted that although the individuals involved were students, he needed to satisfy his conscience before disposing of the case. He expressed concern that either the boys were answerable to the system for a crime, or the girl was answerable for misusing the law.

“This is what they will do once they become lawyers. This has been happening”, Justice Kathpalia remarked, referring to the state of the legal profession and its future.

The advocates representing the parties acknowledged the court’s observations and highlighted the academic pressure on the students, who were in their final year of law school with upcoming examinations. They submitted that the settlement was reached with parental involvement and that further proceedings might cause long-term animosity among future lawyers working in the same court.

Despite these submissions, the judge maintained that a false complaint, if proven, would severely undermine genuine victims of harassment and molestation. “Even in genuine cases where the girl gets harassed or molested, she tends to disbelieve herself and thinks that maybe she is wrong. Genuine victims are facing the damage of such false complaints”, the court observed.

Justice Kathpalia directed that the complainant file an affidavit affirming the truthfulness of her allegations. He also warned against misuse of the law, noting that “no one can play with the law like this” and that the state machinery must be invoked sincerely and truthfully. The court remarked, "The state machinery should be invoked truthfully. If the person is not truthful, then the person has to face consequences". 

He emphasized the consequences of false accusations on the functioning of the justice system, saying, “Imagine if that day, when the girl went to file the complaint, the police refused to file an FIR. Then they would have filed a complaint against the police, and this poor investigating officer would have gotten suspended”.

The hearing concluded with the court reiterating that if the complaint was genuine, the accused must face the legal consequences. However, if the complaint was false, the petitioner herself would be answerable to society and genuine victims of such crimes. The court directed the advocate for the victim to file an affidavit stating the truthfulness of the allegations and listed the matter for July 25, 2025.