HC quashes case against IndiGo security manager over ‘outraging modesty’ allegations
The Bombay High Court quashed criminal proceedings against an IndiGo security manager, finding no evidence of intent in a passenger's misconduct claim.
MUMBAI: The Bombay high court has quashed criminal proceedings against an IndiGo Airlines assistant security manager accused of outraging the modesty of a passenger, ruling that the allegations lacked intent or evidence to constitute an offence.
The court held that the case, rooted in a baggage-handling dispute, appeared to be retaliatory, following an earlier altercation involving the complainant’s family and airline staff.
The petitioner, Manoj Suryakant Dalvi, had sought relief through a writ petition to nullify proceedings initiated from a First Information Report (FIR) lodged by passenger Tina Suny John. According to the FIR, the alleged incident occurred on January 12, 2016, at Mumbai Airport. Tina John accused Dalvi of forcibly holding her hand while retrieving a bag she refused to return, claiming his actions were improper.
The complaint followed an earlier incident involving Tina John’s husband, Sunny John, who reportedly manhandled airline staff after being denied access to a lavatory. The family was subsequently deplaned. Tina John then alleged that Dalvi’s behaviour amounted to an outrage of her modesty.
Dalvi’s counsel, Advocate Ashutosh S Khandeparkar, argued that the allegations were fabricated and intended to counter potential complaints against the complainant’s family for unruly conduct. The petitioner maintained he acted solely in the course of his duties, with no intent to harm or insult.
On the other hand, the complainant’s counsel opposed the petition, contending that the charge sheet had already been filed and the case should proceed to trial.
A division bench comprising Justices Bharati Dangre and Manjusha Deshpande reviewed the FIR, charge sheet, and witness statements. The court found no evidence of intent to outrage modesty under section 354 of the Indian Penal Code, stressing the necessity of intent in such cases. Referring to prior judgments, it clarified that the incident stemmed from a spontaneous dispute over baggage and lacked criminal force or indecent conduct.
The bench also noted that the complaint seemed to be motivated by frustration over the family’s earlier deplaning incident, deeming it an abuse of legal provisions. It ruled that allowing the case to proceed would result in harassment and misuse of the law.
In its judgment, the court emphasised that legal remedies must not be weaponised for personal grievances and urged a balanced approach in evaluating allegations under IPC provisions. It quashed the FIR and subsequent proceedings, sending a strong message about the misuse of the legal system.
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