IMPORTANT POINT
The court established that intent is crucial in determining offences under IPC Sections 509 and 506(1), and mere abusive language without such intent does not suffice for prosecution.

ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quashment of the proceedings in C.C. No. 197/2020 on the files of the Judicial First Class Magistrate Court-II, Ernakulam. The petitioner herein is the accused in the above case.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 509 and 506(1) of IPC. This crime was registered on the basis of a complaint lodged by the defacto complainant on 04.05.2018 before the City Police Commissioner, Ernakulam, then forwarded to the Station House Officer concerned. As per the complaint lodged, there is allegation that, on 17.04.2018 the accused herein had parked his car in front of the store run by the defacto complainant, obstructing the work in the store. When the defacto complainant requested to remove the car, the accused abused and shouted at the defacto complainant. Acting on the complaint, the crime was registered and after investigation Final Report also filed alleging the above said offences.

4. According to the learned counsel for the petitioner, the allegations are false and the petitioner is innocent. As pointed out by the learned counsel for the petitioner, going by the complaint initially lodged, a copy of the same is produced as Annexure-A3, there is no mention regarding the words used by the accused to abuse the defacto complainant or how and why he shouted against the defacto complainant. Even though, additional statement of the defacto complainant also was recorded, nothing stated to attract offences punishable under Sections 509 and 506(1) of IPC. Therefore, the learned counsel for the petitioner pressed for quashment of the proceedings.

5. It is submitted by the learned Public Prosecutor that, the allegations are serious and the matter would require trial. Therefore, the quashment prayer cannot be considered.

6. While appreciating the rival contentions, it is necessary to address the essentials required to constitute offences punishable under Sections 509 and 506(i) of IPC.

7. Coming to Section 509 of IPC, it is provided that whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman [shall be punished with simple imprisonment for a term which may extend to three years and also with fine.

8. Section 79 of the Bharatiya Nyaya Sanhita, 2023 [hereinafter referred as ‘BNS’ for short] is the provision analogous to Section 509 of IPC. The same is as under:

79. Word, gesture or act intended to insult modesty of a woman - Whoever, intending to insult the modesty of any woman, utters any words, makes any sound or gesture, or exhibits any object in any form, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine.

9. Section 506 of IPC, it is provided that, whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.

10. Section 503 of IPC deals with criminal intimidation and it has been provided that, whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the me