‘Uncouth’, but not sexual harassment: HC quashes FIR against Gurugram company boss who said ‘f*** off’

In a significant ruling, the Punjab and Haryana high court has overturned a sexual harassment First Information Report (FIR) filed against the director of a Gurugram-based company. The case stemmed from an email exchange where the director used the profanity 'f*** off' directed at a former female employee. The high court's decision, dated April 18, clarifies that while the language used was undeniably 'uncouth and discourteous,' it did not meet the legal threshold for a sexually colored remark as defined under Section 354-A of the Indian Penal Code.

The court's order allows the petition filed by the company director, quashing the FIR and all subsequent legal proceedings. This decision provides relief to the director, who had been accused of harassment by a former employee. The dispute originated from a disagreement over medical leave taken by the employee prior to a company event, escalating into a heated email exchange that culminated in the use of the offensive language. The employee subsequently resigned and later filed the FIR, alleging sexual harassment.

While the court has dismissed the sexual harassment charges, it has mandated the director to deposit ₹20,000 into the Poor Patient Welfare Fund at PGIMER, Chandigarh, within a month. This condition suggests a recognition of the inappropriate nature of the language used, even if it did not constitute a criminal offense of sexual harassment. From an Indian legal perspective, this case highlights the nuanced interpretation of workplace misconduct and the specific criteria required to establish sexual harassment under the law. It underscores the distinction between offensive language and conduct that is explicitly sexual in nature, a crucial point in workplace dispute resolutions within the country.

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undeniably uncouth and discourteous