Saying ‘come near’ to woman not sexual intent: High Court

Nagpur: The Nagpur bench of Bombay High Court recently quashed a criminal case against a retired clerk accused of outraging a woman's modesty, holding that just saying "come near" to a woman in course of official work is a not sexual intent, and did not amount to criminal offence under IPC.Justice Urmila Joshi-Phalke allowed the application filed by a 59-year-old man, seeking to quash an FIR registered in 2023 at Gadge Nagar police station in Amravati under Sections 354 and 509 of IPC for allegedly outraging the modesty of a woman along with the subsequent chargesheet filed in 2025."The only allegation levelled against the petitioner is that he asked the woman to come near him. These words were uttered by him in the circumstance of clarifying on bills, and no sexual intent can be attributed to him," the judge said.According to the prosecution, the woman had approached the clerk, who was handling pension-related matters. She lodged the complaint alleging the accused behaved inappropriately while she visited his office regarding her late husband's pension and medical bills. She found petitioner's comments objectionable and humiliating, leading to registration of the offence, which was challenged by him in high court through counsel Shashibhushan Wahane.After examining the FIR, witness statements and investigation records, the court held the allegation, even if accepted at face value, did not disclose the essential ingredients required to constitute offences under Sections 354 or 509 (protecting woman's modesty). "By no stretch of imagination, it can be said the offence is made out," the court observed, noting there was no allegation of assault or use of criminal force.The judgment clarified that Section 354 requires either assault or criminal force with intent to outrage a woman's modesty, which was absent in the present case. The court further stated the context of the interaction — explaining official documents — could not be ignored while assessing intent.On the charge under Section 509, the judge emphasized the provision requires specific words, gestures or acts intended to insult a woman's modesty. It found that the complaint did not describe any such conduct beyond the single remark — ‘come near'.The bench also took note of the broader legal framework governing such cases, referring to the Supreme Court's ruling in State of Haryana vs Bhajan Lal, which sets out categories where criminal proceedings can be quashed. Applying those principles, the court concluded the allegations were insufficient to justify continuation of prosecution and allowing the case to proceed would amount to "an abuse of the process of law."Importantly, the court observed that criminal law cannot be set in motion on the basis of vague or unsubstantiated allegations. It underscored that while offences against women must be dealt with seriousness, the statutory thresholds must be met.Accordingly, the court quashed the FIR and the charge sheet against the retired clerk, bringing the proceedings to an end.
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