Madurai: In a significant ruling, the Madurai Bench of the Madras High Court has quashed the First Information Report (FIR) and subsequent criminal proceedings against the petitioner in Crime No 21 of 2022, filed for the offence under Section 354-A(1)(i) of the Indian Penal Code (IPC).
The case involved an allegation where the petitioner, aged 20, and the defacto complainant, aged 19, had a romantic relationship since 2020. On 13.11.2022, the petitioner invited the complainant to a secluded location, where they conversed for several hours. During this interaction, the petitioner allegedly hugged and kissed the complainant. Subsequently, the complainant informed her parents about the incident and requested the petitioner to marry her to which the petitioner refused. This led to the filing of a complaint, resulting in the registration of the FIR and an investigation by the police.
The court, however, found that the act of hugging and kissing, in the context of a romantic relationship, did not amount to the offence of "sexual advances" as required under Section 354-A(1)(i) of IPC.
The court opined that such actions were natural between two persons in a love affair and did not constitute criminal conduct. As a result, the court determined that continuing the criminal proceedings would amount to an abuse of the judicial process.
Furthermore, despite the respondent police filing a final report, the court invoked its jurisdiction under Section 482 of the Criminal Procedure Code (Cr.P.C.) and quashed the proceedings, thus allowing the petitioner's plea. In conclusion, the court dismissed the case filed against the petitioner and closed the related miscellaneous petition.
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