The Jammu & Kashmir and Ladakh High Court recently quashed a sexual harassment case filed by a woman pilot of the Indian Air Force (IAF) against a Wing Commander following a compromise between them.
Justice Rajnesh Oswal stated that continuing the investigation under Section 354A (sexual harassment) of the Indian Penal Code would be futile after the settlement between the complainant and the accused.
“In view of the above, FIR … registered with the Police Station, Satwari for the commission of an offence under Section 354-A IPC is quashed. The contesting parties shall not publicize the matter or the controversy, which has now been settled between them, in any manner whatsoever,” the Court ordered.
The order was issued following the Wing Commander’s petition challenging the registration of the FIR against him in 2021 based on the woman officer’s complaint.
The complaint alleged that the accused officer repeatedly demanded sexual favors from the complainant, made objectionable comments, and touched her inappropriately.
During the pendency of the petition, the accused issued a communication to the complainant proposing a settlement. The woman officer accepted the proposal and gave her no objection to quashing the FIR, as noted in the order.
“The petitioner has stated that he will remain bound by the said communication and that the dispute between the contesting parties has been settled. He further stated that the matter will never be publicized or put on social media by him,” the Court recorded in the order while quashing the FIR.
Advocate Ankur Sharma represented the petitioner-accused. Deputy Advocate General PD Singh represented the State. Advocate Aseem Sawhney appeared for the complainant.
