The Madras High Court recently said that it was quite natural for two persons in love to hug and kiss each other. The court made this observation while quashing criminal proceedings against a man under Section 354A IPC for allegedly committing sexual harassment on a girl.
According to LiveLaw report, Justice Anand Venkatesh said that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the court noted that the love affair between the man and the woman was admitted and it was quite natural for two persons in love to hug and kiss each other.
It was alleged that the petitioner, who was in a love affair with the complainant since 2020, had called her to a place on November 13, 2022. It was further alleged that when both of them were talking, the petitioner hugged the complainant and kissed her. The complainant informed her parents and asked the petitioner to marry her. When the petitioner refused to marry her and started avoiding her, she gave a complaint which resulted in registration of the FIR.
The court observed that even if the allegations in the FIR were taken to be true, no offence had been made out against the petitioner and in such circumstances, the continuation of the criminal proceedings against him would result in abuse of process of law.
