March-16-2023-( JNF):- In a significant judgment, Justice Sanjay Dhar of High Court of J&K and Ladakh (Jammu Wing) has quashed FIR No.158/2016 under Sections 509 and 506 RPC P/S Domana Jammu, FIR No.251/2016 under Sections 509, 354-B, 500 and 506 RPC read with Sections 67 and 67A of the Information Technology Act P/S Domana Jammu and also the impugned order No.SCW/08/2015/65 dated June, 24, 2015 issued by the Secretary, J&K State Commission for Women.
These directions were passed in three different petitions clubbed together filed by the then Principal MHAC School Nagbani, Jammu namely Alok Betab and staff members wherein the petitioners had challenged the aforesaid FIRs and the impugned order of the State Women Commission, primarily on the ground that the complainant in the two FIRs was a subordinate Teacher of Alok Betab the then Principal and was nursing a personal grudge against him.
After hearing Senior Advocate Sunil Sethi with Advocate Vishal Mahajan appearing for Alok Betab-petitioner whereas Senior Advocate Gagan Basotra with Advocate Rishabh Sharma, Senior Advocate Surinder Kour with Advocate Sunil Kumar appearing for the complainant-Teacher in the 02 FIRs whereas DyAG Pawan Dev Singh appearing for the Union Territory of Jammu and Kashmir, Justice Sanjay Dhar observed that the conduct of the complainant in making sweeping allegations not only against the petitioner but also against his family and supporters clearly smacks of personal vendetta of the complainant against the petitioner-Principal. The Court further observed that a perusal of the report of the complaints Committee reveals that the complainant had not even spared Late Capt. Dewan Singh Chairman Local Managing Committee (LMC) against whom she had made allegations of bias and thus it appears that the complainant by lodging these repeated complaints and FIRs is trying to threaten the management of Nagbani School so that she can have her own way in the matter of her service career.
Justice Sanjay Dhar further observed, “it appears to be a clear cut case of brazen attempt on the part of the complainant to persecute the petitioner-Alok Betab, his family members and the management of the School. In fact, the management of DAV College Management Committee has filed an application for intervention in OWP No.1083/2015 in which they have contended that the complainant is habitual in making allegations for ulterior considerations and she cannot be allowed to malign the reputation of the Institution by involving its Head into false and frivolous case of sexual harassment. It also submitted in the said application that if the management concedes to the pressure tactics of the people like the complainant, there would be total indiscipline in the educational institution, which would not be good for the said Institution”.
Justice Sanjay Dhar further observed, “it has become imperative to this Court to prevent the abuse of process of law. The allegations made in the impugned FIRs are absurd and inherently improbable. Besides this, the criminal prosecution initiated by the complainant against the petitioner is manifestly actuated with malafides with an ulterior motive for wrecking vengeance against the accused persons due to private and personal grudges. Thus, this is a fit case where this Court should exercise its power under Section 482 CrPC to quash the impugned FIRs as also the impugned order passed by the State Women’s Commission”.
During the course of arguments Senior Advocate Sunil Sethi with Advocate Vishal Mahajan submitted that the genesis of the malafide FIRs was when the petitioner the then Principal MHAC School Nagbani, Jammu asked the complainant-Teacher to submit a fresh affidavit as demanded by the Management with regard to the leave case of the complainant and the complainant instead of filing the affidavit started filing false and frivolous complaints/FIRs levelling baseless/unfounded allegations against Alok Betab, the then Principal and other staff members.
After considering the submissions of both the sides, Justice Sanjay Dhar allowed all the three petitions and quashed impugned FIRs bearing No.158/2016 and No.251/2016, both registered with Police Station Domana, Jammu as well as proceedings emanating therefrom. The Court also quashed the impugned order No.SCW/08/ 2015/65 dated June, 24, 2015 passed by the Secretary of the State Women Commission.
With these observations Justice Sanjay Dhar allowed all the three petitions.