Read Time: 06 minutes

Synopsis

The Bombay High Court has recently quashed the proceedings against an Assistant Security Manager of IndiGo Airlines who was booked for outraging the modesty of a passenger by snatching a bag.

A division bench of the high court comprising Justice Bharati Dangre and Justice Manjusha Deshpande was hearing a petition to quash the proceedings against the IndiGo Airlines employee booked under Section 354 of the IPC.

The complainant was travelling from Kochi to Ahmedabad via Mumbai on January 12, 2016. When their flight reached Mumbai at 3:30 p.m., her husband wanted to use the lavatory during boarding but was not allowed to do so on the pretext that it was being cleaned.

Later, he saw the pilot of the airline use the same washroom, so he requested to use it but was denied. Subsequently, he caught hold of the hand of one of the IndiGo staff members and took him to the lavatory, indicating that no one was inside.

After some time, security personnel of the airline approached them and informed them that since her husband had manhandled the airline staff, he would not be allowed to travel further. He was directed to deplane, or else the plane would not be allowed to fly.

Later, one of the personnel handed over a bag to the complainant, which did not belong to her. Subsequently, the petitioner came and tried to snatch the bag from her by holding her hand, after which she filed an FIR against him for outraging her modesty.

The petitioner argued that such an act does not attract Section 354 of the IPC, as he had not acted in any manner intending to outrage, or knowing it to be likely that he would thereby outrage, the modesty of the complainant, as alleged.

He added that the complainant had misused the provision of Section 354 of the IPC and filed the complaint to avoid the complaint likely to be filed against her and her husband for manhandling the airline's ground staff.

The bench while agreeing to the contention of the petitioner said that from the contents of Section 354 of IPC, it was evident that there should be intent on the part of a man to use force against any woman with intention to outrage her modesty.

“So far as the present case is concerned, from the narration of the incident by no stretch of imagination, such an intent can be attributed to the Petitioner, wherein he is merely alleged to have held the hand of complainant in order to take away the bag, which did not belong to her. Therefore, in our view, from the contents of the FIR, itself no offence under Section 354 of the IPC is made out in complaint against the present Petitioner,” the order states.

Accordingly, the bench proceeded to quash the proceedings against the petitioner.

Case title: Manoj Suryakant Dalvi vs State of Maharashtra & Ors