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Synopsis

The Supreme Court recently closed criminal proceedings against assistant professors of a government Post Graduate College in Uttarakhand concerning offences of molestation and use of abusive words after the parties in the case themselves decided to give a quietus to it.

A bench of Justices B R Gavai and K V Vishwanathan held, "We find that this is a fit case wherein, in order to give an end to the criminal proceedings between the parties, who are employees of an educational institution, the proceedings can be quashed by this Court by invoking its powers under Article 142 of the Constitution of India".

The court quashed two FIRs: one filed by an assistant professor (the appellant) against the principal and four other assistant professors (Respondents 2 to 6), and another lodged by Respondents 2 to 6 against the appellant at Haldwani police station, Nainital.

The appeal in hand challenged the judgment and order passed by the Single Judge of the High Court of Uttarakhand at Nainital by which the Single Judge had partly allowed the petition preferred by the appellant under Section 482 of the Code of Criminal Procedure, for quashing of the order of February 8, 2022 passed by the Special Judge, SC/ST Act.

The Special Judge had taken cognizance of the charges under Sections 504 and 506 of the Indian Penal Code, 1860 and Sections 3(1)(r) and (s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as well as for quashing of the entire proceedings pending against the appellant.

The High Court had quashed the proceedings under Sections 3(1)(r) and (s) of the SC/ST Act, however, it had refused to quash the proceedings under Sections 504 and 506 of IPC.

The FIR against the appellant was lodged on September 19, 2021 by Respondent Nos 2 to 6 under Sections 389, 504 and 506 of the IPC and Sections 3(1)(r) and (s) of the SC/ST Act. On the basis of the FIR, investigation was conducted and at the conclusion of the investigation a charge-sheet came to be filed.

The respondent No 2 was the first informant and was working as the Principal of the Moti Ram Babu Ram Government Post Graduate College, Haldwani, Uttarakhand, whereas the appellant and Respondent Nos 3 to 6 were employed as Assistant Professors in the said College.

The appellant claimed that the respondents harassed her on multiple occasions, which was reported to the higher authorities. However, since no step steps were taken on the basis of her complaint, the appellant was compelled to file the FIR under Section 354-A of the IPC against respondent Nos 2 to 6.

The High Court, after considering the material placed on record, had found that since the utterances on the basis of caste made by the appellant against Respondent No. 6 were not made only on account of respondent No. 6 belonging to a Scheduled Caste but on account of a pre-existing dispute between the parties, the case could not proceed under the provisions of the SC/ST Act.

With regard to the other offences under the IPC, the High Court had found that the material placed on record would show that a prima facie case was made out against the appellant.

The Supreme Court felt it appropriate that an attempt should be made to settle the matter amicably, taking into consideration that the accused in both the FIRs were the employees of a Government College. It referred the matter to the mediation.

The counsel for the parties subsequently submitted that the mediation had been successful and parties on both the sides had resolved to give an end to the criminal proceedings filed against each other.

The settlement agreement of November 18,2024 was also placed on record along with the joint application filed by the counsel for the parties seeking the quashing of the cross FIRs.

Allowing the appeal, the court quashed the criminal proceedings after approving the settlement agreement. It also recorded appreciation for the efforts made by the counsel to give an end to the criminal proceedings between the parties.

Case Title: Shubhra P Kandpal Vs The State of Uttarakhand And Others