Did the Delhi High Court Just Quash an FIR Against Security Guards?
Synopsis
Key Takeaways
- Delhi High Court quashed FIR against security guards.
- Case deemed an abuse of legal process.
- Judgment highlights the importance of lawful duties.
- Conflict arose from a family dispute over inheritance.
- No sexual intent found in actions of guards.
New Delhi, Jan 6 (NationPress) The Delhi High Court has dismissed criminal proceedings against two security guards who were accused of unlawfully restraining and violating the modesty of a woman while denying her access to a private office space.
In its ruling, the court stated that the case represented a clear abuse of the legal process stemming from a broader family dispute. A single-judge Bench led by Justice Neena Bansal Krishna granted the requests made by the petitioners to annul the FIR filed under Sections 341, 354, and 34 of the Indian Penal Code (IPC) at the Amar Colony police station.
The criminal case originated from an incident on September 18, 2015, when the complainant, the widow of a senior executive at the VLS Group of Companies, claimed she was stopped and mishandled by the petitioners—recently appointed security guards—while trying to enter the company's office located in East of Kailash.
The Delhi High Court, after reviewing the complaint and related circumstances, noted that the petitioners had only been hired as guards a day before the incident and were simply fulfilling their official responsibilities.
“As security guards, the petitioners had a duty to ensure that no unauthorized individuals entered the office premises,” Justice Krishna remarked, adding that the complainant had not even prima facie established any legal right to access the office.
Discussing the definition of wrongful restraint under Section 341 IPC, the court concluded that the offence applies only when someone is impeded from moving in a direction where they possess a lawful right to go. “Restraining the complainant from entering an office where she had no entitlement cannot be classified as wrongful restraint,” the court stated.
Regarding the allegation of outraging modesty under Section 354 IPC, the Delhi High Court found no evidence of any sexual intent from the petitioners. “It cannot be reasonably claimed that this act was conducted with a ‘sexual intent’ to violate her modesty,” Justice Krishna noted, emphasizing that the act in question was solely to prevent entry and did not meet the criteria for the alleged offence.
The Delhi High Court also highlighted that the conflict arose from a bitter dispute between the complainant and her in-laws over inheritance issues following her husband’s demise. It appeared that the guards, having been employed a day prior to the incident, were “targeted” when she could not engage the police against her in-laws.
Labeling the situation as an “abuse of the legal process,” the Delhi High Court annulled the charge sheet and all proceedings stemming from the FIR, thus exonerating the petitioners from all charges.