Because the PoSH Committee released the respondents following an investigation under the PoSH Act, the FIR against them was dropped.

Because the PoSH Committee released the respondents following an investigation under the PoSH Act, the FIR against them was dropped.
Posh Act 2013

A recent FIR brought against two MNC employees that had already been cleared of all allegations by the PoSH Committee was dismissed by the Delhi High Court. An intern had allegedly been sexually harassed by the two workers. The PoSH Committee cleared the responders, nonetheless, after finishing the investigation.

The legal issue that the Court was trying to resolve is a key part of this ruling: Can the FIR against the accused still stand if the PoSH Committee clears them of all charges?

The Court noted that:

The Committee was established as soon as the FIR was filed and the inquiry proceedings were held, 2. The Complainant informed the PoSH Committee shortly after that she did not wish to pursue her complaint, and 3, despite the Complainant failing to appear for cross-examination, the Committee continued the proceedings.

4. The PoSH Act, 2013, provisions were properly followed throughout the inquiry process, and 

5. The committee issued the Final Report based on the merits and after thoroughly analysing the facts.

The Court noted that the FIR contained only generic and not particular accusations against the accused, and that any further action taken as a result of the FIR "would be an abuse of authority and an exercise in futility."


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