Facts of the Case:

The case revolves around a woman who filed a petition before the Punjab & Haryana High Court, seeking the registration of a criminal case against her landlord, alleging that he had sexually harassed her. The petitioner urged the Court to direct the police to investigate her claims under Section 156(3) of the Criminal Procedure Code (Cr.P.C.). However, during the course of the police inquiry, it was discovered that the real issue stemmed from a dispute regarding the vacation of a rented accommodation. This finding cast doubt on the petitioner’s allegations. Furthermore, it was brought to the Court’s attention that the petitioner had a history of filing multiple sexual harassment complaints in the past, including a staggering 19 complaints in Haryana’s Jind district alone. These revelations raised concerns about the authenticity of her claims and suggested a possible pattern of misuse of legal provisions intended to protect genuine victims of sexual harassment. This pattern of behaviour prompted the Court to consider the broader implications of such actions on the judicial process and the rights of innocent individuals accused of serious offenses.

Contention of the Petitioner:

The petitioner contended that her landlord had sexually harassed her and sought the Court’s intervention to initiate a criminal investigation under Section 156(3) of the Criminal Procedure Code (Cr.P.C.).

Contention of the Respondent:

The respondents argued that the petitioner had a history of filing numerous sexual harassment complaints, suggesting a pattern of false accusations aimed at exploiting the legal system.

Court’s Observations:

The Court observed that the practice of filing false sexual harassment complaints is unscrupulous and unethical, often employed to extort money from unsuspecting victims. Justice Harpreet Singh Brar highlighted that such practices not only harm innocent individuals but also erode public trust in genuine cases of sexual harassment.

The Court observed, “This unscrupulous and unethical practice of initiating criminal prosecution in order to extort money from unsuspecting victims, must be taken note of and strictly condemned to ensure that the judicial process is not used as an instrument of oppression and harassment. Stooping to such practices indubitably has wider ramifications on society as it becomes increasingly difficult to distinguish between genuine and false cases……The Court is duty bound to look into such cases with extra care and scrutiny in order to protect innocent citizens. Moreover, the Court is well within its power while exercising its inherent jurisdiction under Section 482 Cr.P.C. or under Article 226 of the Constitution of India to look into the overall circumstances and the oblique motive of the complainant for falsely implicating innocent persons in countless cases”

The Court emphasized that false allegations create a psychological burden on the accused, stigmatizing them and causing long-term damage to their reputation and self-esteem. The judge further underscored the importance of scrutinizing such cases with extra care to protect innocent citizens and prevent the judicial process from being misused as an instrument of harassment.

The Court observed that “He is doomed to live in a constant state of fear and anxiety due to humiliation brought in by the blemish of being a perpetrator of a sexual offence. The entire ordeal also unjustly taints the painstakingly built reputation of the wrongly accused, which is bound to have long term adverse effects on his life and self-esteem………..By instituting false cases, the sufferings of the victims are undermined, leading to a perception among women that even if they step forward to report an offence, they will not be taken seriously either by the investigating agency or the Court.”

Court’s Decision:

The Court dismissed the woman’s plea, stating that it must not act as a mere post office directing investigations in every case where an application under Section 156(3) Cr.P.C. is filed. Justice Brar directed the Director General of Police (DGP), Haryana, to investigate the petitioner’s credentials and assign an IPS Officer to thoroughly investigate her allegations. The Court ordered that, if the allegations were found to be false and manipulated, strict action should be taken against the petitioner in accordance with the law. The DGP, Haryana, was instructed to file a compliance report detailing the actions taken within three months.

– Deeksha Rai