The Tiz Hazari Court in Delhi, on August 22, 2025, presided over by the JMFC of the Mahila Court, discharged sexual harassment allegations against the accused under Section 354A IPC due to clear communication and absence of coercion between both parties, as well as the lack of a prima facie case against the accused.
The case arose when the complainant filed an FIR at Sarai Rohilla PS for sexual harassment against the accused for allegedly making sexual advances in the context of their foreseeable marriage. The complainant also stated that upon her refusal to comply, the accused refused to marry her. The accused argued that the complainant was a willing participant in the matrimonial discussions and that no adverse messages were found in the chats. He also stated that the necessary elements of sexual harassment under Section 354A IPC, such as unwelcome physical advances, demand for sexual favours, or sexually coloured remarks without consent, were missing in the messages exchanged between them. The counsel for the accused further argued that the complainant’s refusal to submit her phone for forensic examination and instead revealing only certain WhatsApp messages between the two could not establish a case under Section 354A IPC.
The Court noted that the messages between both parties revealed a prospective matrimonial alliance and that refusal to go ahead with the same cannot constitute a criminal offence. The Court further reiterated that the complainant’s failure to provide her phone during the investigation proved that charges could not be framed against the accused by relying on a few WhatsApp messages alone. Hence, the Court discharged the accused of the offence of sexual harassment, with original documents to be duly returned to him and photocopies of the same to be kept on record.
Appearances:
For The State- Ld. Substitute APP- Sh. Arvind Pandey, Ld. Substitute APP
For The Accused – Ld. counsels – Sh. Pritthish Roy, and Khushboo Sharma
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