Specific evidence of obscene words is required for an offence under section 294 of the Indian Penal Code, and mala fide criminal proceedings can be quashed as per established legal principles.

JUDGMENT :

1. This petition is for impugning the order dated 30-7-2007 passed by JMFC, Gohad, District Bhind in Criminal Case No. 439/07, whereby the learned Magistrate has taken cognizance against the petitioners for the offence punishable under sections 294 and 323 of Indian Penal Code on a complaint dated 18-5-2007 filed by the respondent against them.

2. The impugned order has been assailed by Shri Singh on the ground, (1) that, as per para 3 of the complaint, the incident has not happened at a public place, (2) that, actual words of abuse have not been mentioned, (3) that, as per para-4 of the complaint, immediate information was given to the police, but as per the report, it was lodged after one day of the incident, (4) that, denial of the medical examination in report shows that no such incident was happened, (5) that, similarly, the statement do not mention the public place and the actual words of abuse, and (6) that, petitioner No. 1, Prem Shankar's daughter lodged a report against son of the respondent for the offence punishable under section 498-A of Indian Penal Code. One case based on matrimonial dispute was transferred by the Hon'ble Apex Court from Family Court Gwalior to Family Court Kanpur. On account of the aforesaid malice and just to create pressure this false complaint has been filed by the respondent. In support he has placed reliance on Court on its motion vs. State of Jharkhand through Chief Secretary Jharkhand and others, 2006(1) CRJ 650.

3. Per contra, Shri D. S. Chauhan, the learned advocate for the respondent has submitted that the complaint is filed on true facts and not on malice.

4. With regard to the offence punishable under section 294 of Indian Penal Code, it is only alleged in the complaint that the petitioners abused to the respondent with filthy abuses related to his mother and sister, but what were those filthy words uttered by the petitioners, neither it is mentioned in the complaint nor stated in the statement of any of the witnesses. These words have not been mentioned in the report lodged on 16-3-2007. Unless those words are on record, it cannot be considered whether any obscenity was involved in the abuse or not. As provided by section 294 of Indian Penal Code, whoever, to the annoyance of others - (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene song, ballad or words, in or near any public place, shall be punished for this offence. Without the act and the words it cannot be said whether the same was obscene or not.

5. With regard to the offence punishable under section 323 of Indian Penal Code, it is alleged that respondent was beaten by the petitioners. He was thrown on the land by which abrasions were sustained by him. This allegation is supported by witness Dashrath (PW-3). It is also mentioned in the aforesaid report that the respondent was beaten after throwing him on the land by the petitioners. Per se, this allegation amounts to causing simple hurt to the respondent. But considering all the facts of the case, the statements of these witnesses do not appear safe to be relied on. As submitted by Shri Singh that on a matrimonial dispute, severe animosity is in existence between the parties. Various cases are also pending between them. Vide copy of the order dated 5-12-2005 passed by Additional Principal Judge, Family Court, Kanpur, it appears that Rs. 500/- as maintenance has been directed to be paid by her husband Arvind to her. While drawing attention at the copy of the application dated 1-5-2004 filed by Arvind against Smt. Seema @ Pinki for divorce in the Family Court, Gwalior, Shri Singh has submitted that this case has been transferred from Gwalior to Kanpur vide order dated 5-4-2007 passed by Apex Court in T. P. Civil No. 429/06. As soon as this only case pending at Gwalior has been transferred by the Apex Court, this false complaint has been filed on 18-5-2007 by the respondent. it is just to harass the petitioners that they come from K