1 928 apl 110.24 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APL) NO. 110/2024 (Saurabh Anil Ingle Vs. State of Maharashtra & anr.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Swapnil K. Wankhade, Advocate for applicant. Mr. N.Joshi, APP for non-applicant No.1/State. Ms. Minakshi M. Agrawal (appointed) for applicant No.2. CORAM: ANIL S. KILOR AND PRAVIN S. PATIL, JJ . DATED : 25/03/2025. Heard. 2. The offence which came to be registered at the instance of non-applicant No.2 against the applicant under Section 354-A, 506 of the Indian Penal Code (“IPC”) vide Crime No. 496/2018 and which is sought to be quashed by the present application filed under Section 482 of the Code of Criminal Procedure, the allegations in the same against the applicant are that when the informant went to the house of the applicant to demand money from the father of the applicant, which was paid to him for construction of College and which was not returned by him despite promise made for returning the same, the applicant caught hold her hand and because of this, she got frightened. 3. 3. According to learned APP and learned counsel for non-applicant No.2, informant, the present offence falls under Section 354-A(1)(i) which says that a man who 2025:BHC-NAG:3256-DB 2 928 apl 110.24 commits physical contact and advances involving unwelcome and explicit sexual overtures shall be guilty of sexual harassment. From the language of Sub-section 1(i) of Section 354-A of the IPC, it is evident that to constitute an offence under Sub-section 1(i) of Section 354-A, following all the three prerequisites are required. (i) physical contact (ii) advances involving unwelcome and (iii) explicit sexual overtures. 4. In the present matter, considering the allegations, there is no dispute that first requirement can be said to be fulfilled. However, allegation as relation to advances involving unwelcome and explicit sexual overtures are missing. 5. Thus, we have no hesitation to observe that even taking the allegations on its face value prima facie no offence is made out under Section 354-A of the IPC. 6. As far as offece under Section 506 of IPC is concerned, it relates with punishment for criminal intimidation. Considering the language of Section 503 of IPC criminal intimidation, the allegation made in the present matter, does not constitute criminal intimidation. 3 928 apl 110.24 7. In view of above, we are of the opinion that application deserves to be allowed and same is allowed. We hereby quash and set aside charge-sheet No. 59/2019 dated 20.04.2019 bearing SCC No. 218/2019 arising out of FIR vide Crime No. 496/2018 registered with Police Station Balapur, Tal. Balapur, Dist. Akola for the offence punishable under Section 354-A, 506 of IPC. 8. Application stands disposed of in above terms. 9. Fees be paid to the appointed counsel for non- applicant No.2 as per Rules.. ( PRAVIN S. PATIL , J.) ( ANIL S. KILOR , J.) Gohane