The Punjab and Haryana High Court quashed an FIR alleging sexual harassment against a private company director, holding that the use of the phrase “f*** off” in a workplace email, though inappropriate, does not by itself constitute sexual harassment under criminal law.
Justice Kirti Singh observed that while the remark was “uncouth and discourteous,” it is devoid of sexual content directed at the complainant’s modesty or sexuality. As such, it failed to satisfy the essential ingredients of Section 354A IPC (offence of sexual harassment)
The Court emphasized that criminal liability for sexual harassment requires a clear sexual element. A single instance of offensive language, without sexual intent or a pattern of conduct, does not meet the threshold for prosecution under the provision. It further noted that the exchange arose in a work-related context and, while workplace decorum must be maintained, not every instance of rude behaviour amounts to a criminal offence.
The case stemmed from a dispute between the private company director and a former employee. In October 2018, during an exchange of emails concerning a request for medical leave ahead of a company event, the director used the impugned phrase in the e-mail to which the employee resigned the same day, and the matter later escalated into a contractual dispute involving allegations of breach, salary claims, and legal notices.
The FIR was eventually registered in February 2019 in Gurugram, over four months after the incident. A delayed FIR, coupled with the surrounding contractual conflict, lent support to the petitioner’s claim that the criminal process was being misused.
While the State and the complainant argued that the remark amounted to a sexually coloured statement and warranted trial, the Court disagreed, reiterating that the statutory framework covers conduct that is inherently sexual in nature, such as physical advances, demands for sexual favours, or sexually explicit remarks.
Relying on principles laid down in a similar matter earlier, the Court concluded that where basic ingredients of an offence are absent, criminal proceedings ought to be quashed.
Accordingly, the FIR and all consequential proceedings were set aside. However, the petitioner was directed to deposit ₹20,000 in the Poor Patient Welfare Fund at PGIMER, Chandigarh, within one month.
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