My colleague filed a false FIR under section 354 IPC. I have some disputes with my colleague for not giving leave. On a day she filed a false FIR against me for outrage of her modesty. She alleges that I committed the aforesaid offence at 03:00 PM. More importantly, I was in a meeting at the time of the offence. I have the evidence to prove it. The investigating officer has told me that she has adduced sufficient evidence to prove her case. Sir, what should I do?You should file a petition before the High Court under article 226 of the Constitution of India for the quashing of FIR. As per your statement, it seems that she has filed a false FIR under section 354 IPC. You said that at the time of the incident you were in a meeting. This is a relevant and important piece of evidence which tend to prove that alleged offence has not been committed.
The FIR must prima facie establish that a cognisable offence has been committed. If the information is false the court will quash the said FIR in limine. At the time of the alleged offence, you were in a meeting. So this evidence itself proves that the said FIR is false and frivolous.
Outrage of modesty
Section 354 of the Indian Penal Code makes outrage of modesty is an offence. According to section 354, the accused must apply some criminal force on the victim with the intention to outrage her modesty. These are the essential ingredients of the offence of outrage of modesty:
- Application of criminal force and
- Intention to outrage the modesty of the victim.
To prove the said offence physical presence of the accused is mandatory. But at that time you were in a meeting. Hence, this fact rules out the happening of the offence under section 354 IPC.
A false FIR under section 354 IPC
She lodged a false FIR thereby she has committed an offence under section 182 of the Indian Penal Code. According to section 182 IPC giving false information, with intent to cause public servant to use his lawful power is an offence. Hence, you can file a complaint before the Magistrate under section 200 CrPC.
Quashing of FIR
You have evidence to prove that you were not present at the place of occurrence. This is important evidence and it shall disprove the commencement of offence. Based on this evidence you can approach the High Court for quashing of this false FIR under section 354 IPC. If the court thinks that the accused was absent at the place of the incident then it shall quash this FIR.