New Delhi/IBNS: Mumbai businessman Shankar Mishra, wanted by the police for urinating on an elderly woman on an Air India flight in November, Friday cited the woman's WhatsApp messages to claim that she had "condoned the alleged act" and had shown no intention to file a complaint.

Shankar Mishra is missing and on a lookout notice. An alert has been put out for him as the police search for him.

On Nov 26, Shankar Mishra, allegedly drank, unzipped and urinated on the woman.

He was allowed to leave without any action. Air India filed a police complaint only on Jan 4.

The airline defended the delay, saying it believed the woman and the offender had "settled the matter".

Shankar Mishra has made a similar claim in a statement through his lawyers, Ishanee Sharma and Akshat Bajpai.

"The WhatsApp messages between the accused and the lady clearly show that the accused had got the clothes and bags cleaned on November 28 and the same was delivered on November 30," he said.

"The lady's persisting grievance was only with respect to the adequate compensation being paid by the Airline for which she has raised a subsequent complaint on December 20," the statement added.

He claimed that he had paid the money agreed upon by both sides, on PayTM on Nov 28 but after almost a month on Dec 19, the woman's daughter returned the money.

He also said the statements recorded before the inquiry committee by the cabin crew showed there is no witness to the incident and "all the statements are merely hearsay evidence".

The lawyers also said the "settlement" reached between the two sides had also been affirmed in the statements submitted by the cabin crew.

"The accused has full faith in the judicial system of the country and will cooperate with the investigation process," said Shankar Mishra's statement.

On Nov 26, Mumbai businessman Shankar Mishra allegedly unzipped and urinated on an elderly woman in the business class of an Air India flight from New York to Delhi.

To everyone's shock, when the flight landed, Shankar Mishra was allowed to leave without any repercussions.

Air India didn't complain to the police until this week, only after the woman's letter to the group chairman of Air India, N Chandrasekaran, surfaced.

Reacting to the same, DGCA earlier issued notice to some officials of the Tata Group-owned airline, the pilot of the flight and the crew, asking them to reply within two weeks.

"... it emerges that provisions related to the handling of an unruly passenger on-board have not been complied with," the DGCA said in a statement.

"The conduct of the concerned airline appears to be unprofessional and has led to a systemic failure."

"Prima facie it lacks appreciation of regulatory obligations as described in applicable Aircraft Rules 1937, Civil Aviation Requirements on 'Handling of Unruly Passengers', Cabin Safety Circular, Air India Operations Manual, Air India Safety and Emergency Procedure Manual and Air India Quick Reference Handbook and is devoid of empathy," the statement added.

The offender has been banned from flying on Air India for 30 days, pending a report from its Internal Committee.

In defence, the airline had said as there was "no further flare-up or confrontation", and "respecting the perceived wishes of the female passenger, the crew elected not to summon law enforcement upon landing".

However, the woman said though she demanded Shankar Mishra's arrest immediately on landing, the crew told her he wanted to apologise and brought him to her "against my wishes".

"I was stunned when he started crying and profusely apologising to me, begging me not to lodge a complaint against him because he is a family man and did not want his wife and child to be affected by this incident. In my already distraught state, I was further disoriented by being made to confront and negotiate with the perpetrator of the horrific incident at close quarters," the woman wrote.

"I told him his actions were inexcusable, but in the face of his pleading and begging in front of me, and my own shock and trauma, I found it difficult to insist on his arrest or to press charges against him," she wrote.