MADAN MOHAN SHANKHDHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Prashant Kumar Singh, learned counsel for the applicant, Shri Arvind Srivastava, learned counsel for the opposite party no.2 and Shri B.P. Maurya, learned A.G.A. for the State.

(2.) This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including proceedings of Criminal Case No.804 of 2024 (State Vs. Madan Mohan Shankhdhar), arising out of Case Crime No.443 of 2021, under Ss. 354(A) IPC, P.S. Karchchana, District Prayagraj as well as summoning order dtd. 23/4/2024, pending in the court of learned Additional Chief Judicial Magistrate-VIIIth, District Prayagraj.

(3.) It is contended by learned counsel for the applicant that the present prosecution is an abuse of the process of the Court as it has been launched to wreak vengeance on the applicant. It is further submitted that the opposite party no.2 was an Assistant Teacher in Madan Mohan Malviya Inter College, Karchchana, District Prayagraj and the applicant is the Principal of the said College. It is further submitted that the applicant had asked the opposite party no.2 to perform her duties in accordance with rules and discipline of the service as required but she was not amenable to the above advice / direction of the Principal. It is further submitted that the opposite party no.2 has joined this institution on her own request on transfer from another institution on 4/7/2019. It is further submitted that the opposite party no.2 resigned on her own free will vide letter dtd. 14/10/2020. It is further submitted that the opposite party no.2 has never raised her grievance about sexual harassment by the applicant before tendering her resignation. It is also submitted even in the resignation letter dtd. 14/10/2020, there is no mention of any sexual harassment by the opposite party no.2 and it is only stated that the applicant had asked the opposite party no.2 to sit with one Priya Yadav and the behaviour of the said Priya Yadav was not good towards opposite party no.2. It is also submitted that the resignation of the opposite party no.2 was accepted by the Management of the College on 16/11/2020. It is further submitted that the opposite party no.2 has challenged the acceptance of the resignation by the Management of the School by filing a writ petition before this Court, which has been disposed of and the Committee of Management of the School has preferred a Special Appeal before the Division Bench of this Court, which is still pending.