Court Orders Probe into Police Inaction on FIR Registration and Highlights Need for Fair Investigation into Allegations
In a significant ruling, the Allahabad High Court has dismissed a petition filed by Arpit Gupta seeking to quash an FIR registered against him on allegations of sexual harassment, molestation, digital rape, and criminal intimidation. The Division Bench, comprising Justices Chandra Dhari Singh and Tarun Saxena, upheld the FIR, emphasizing that the allegations, if taken at face value, disclosed serious cognizable offences warranting investigation.
The petitioner, owner of Parit Associates (OPC) Private Limited, had sought the quashing of Case Crime No. 0194/2026, registered under various sections of the Bharatiya Nyaya Sanhita, 2023, arguing that the FIR was a retaliatory action following a prior extortion case against the prosecutrix. However, the court found that the allegations contained detailed and specific claims that necessitated a thorough investigation, independent of the earlier extortion case.
The court noted the prosecutrix's allegations of repeated sexual misconduct and threats by Gupta, highlighting that she provided specific details of incidents that allegedly occurred in the workplace and during travel. The bench observed that the delay in reporting the incidents was explained by the prosecutrix as due to fear for her family's safety, a factor not sufficient to quash the FIR at the investigation stage.
Furthermore, the court criticized the initial police response, which failed to register an FIR despite clear allegations of cognizable offences. The police had dismissed the claims as exaggerated without proper investigation, prompting the court to order an inquiry into the conduct of the police officers involved.
Justice Singh, delivering the judgment, stressed the importance of a fair and impartial investigation, especially in cases of workplace sexual harassment. The court directed the Director General of Police, Uttar Pradesh, to investigate why the FIR was not registered at the outset and to ensure accountability of the police personnel involved.
The ruling reinforces the legal principle that FIR registration is mandatory when allegations disclose cognizable offences, as upheld in the Supreme Court's decision in Lalita Kumari v. Govt. of U.P. The decision also underscores the judiciary's role in ensuring that allegations of sexual misconduct are investigated with due diligence and fairness.
Bottom Line:
Writ petition for quashing of FIR concerning allegations of sexual harassment, molestation, digital rape, and criminal intimidation by an employer against an employee dismissed. FIR found to disclose cognizable offences requiring investigation.
Statutory provision(s): Sections 64, 74, 75(2), 76, 351(3) of the Bharatiya Nyaya Sanhita, 2023; Section 173(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Arpit Gupta v. State of U.P., (Allahabad)(DB) : Law Finder Doc id # 2959309
