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Given the settlement between the parties, the Court concluded that continuing the investigation of the FIR would serve no purpose and would be an exercise in futility
The Jammu & Kashmir and Ladakh High Court has dismissed a sexual harassment case filed by a woman pilot of the Indian Air Force (IAF) against a Wing Commander, following a settlement between the parties.
Justice Rajnesh Oswal, presiding over the case, made the decision while hearing a case wherein a First Information Report (FIR) had been registered in 2021 after the woman officer alleged that the Wing Commander had repeatedly demanded sexual favours, passed objectionable comments and touched her inappropriately.
The court noted that continuing the investigation under the FIR registered under Section 354A of the Indian Penal Code (IPC), which deals with the offence of sexual harassment, would be futile after the mutual settlement between parties. "In view of the above, FIR ... registered with the Police Station, Satwari for commission offence under Section 354-A IPC is quashed. The contesting parties shall not publicise the matter and the controversy, which has now been settled between the parties in any manner, whatsoever," the Court ordered.
It was clarified by the court that during the pendency of the petition, both the petitioner (accused) and respondent No. 6 (complainant) reached a compromise. The petitioner issued a communication to the complainant, which she accepted. The statements of both parties were recorded. In her statement, the complainant confirmed that she had accepted the petitioner's communication and expressed no objection to the quashing of the FIR by the Court.
The petitioner also affirmed that he would abide by the terms of the communication and that the dispute had been resolved. He further assured that the matter would not be publicised or shared on social media by him.
Given the settlement between the parties, the Court concluded that continuing the investigation of the FIR would serve no purpose and would be an exercise in futility. Thereby, disposing the petition with direction to quash the FIR.
Advocate Ankur Sharma represented the petitioner, while Deputy Advocate General PD Singh represented the State. Advocate Aseem Sawhney appeared on behalf of the complainant.
Cause Title: X vs Union Territory of Jammu and Kashmir [CRM(M) No. 110/2021]
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