In a recent ruling, the Madras High Court dismissed a sexual harassment case against a man charged under Section 354A of the IPC, stating that romantic gestures between consenting individuals do not constitute an offense under the law. Justice Anand Venkatesh, presiding over the case, observed that actions like hugging and kissing between two individuals in a consensual relationship are natural and cannot be considered sexual harassment unless they involve unwelcome and explicit advances.

The case was filed by a young woman after her relationship with the petitioner, Santhanaganesh, deteriorated. Allegedly, the petitioner had hugged and kissed her when they met on November 13, 2022. When he later refused her proposal for marriage, she filed a complaint, leading to his arrest on charges of sexual harassment. The High Court, however, noted that such affectionate gestures do not fulfill the criteria for an offense under Section 354A, which requires unwelcome advances of a sexual nature.

The Court emphasized that, in cases where actions are consensual, criminal proceedings are unwarranted. Justice Venkatesh stated, "In a love affair, hugging or kissing is quite natural and, by no stretch, can this be deemed an offense." He further noted that the continuation of criminal proceedings in this case would constitute an abuse of the legal process.

Utilizing its authority under Section 482 of the Criminal Procedure Code (CrPC), the High Court quashed the FIR and all related proceedings, highlighting the need to protect individuals from misinterpretations of the law in matters of consensual relationships.