The applicant has been charge-sheeted under Section 509 which says 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.

2. The applicant by way of present application is seeking to quash the charge-sheet No. 152 of 2023 dated 16th June, 2023 arising out of First Information Report in Crime No. 565 of 2022 dated 14th November, 2022 registered with Police Station Bhandara, District Bhandara for the offence referred herein above.

3. It is the case of the prosecution that complainant who is a lady, lodged a complaint with the police station alleging that she is a Senior Clerk at State Bank of India and the applicant is Assistant General Manager in the said Bank posted at Gondia. It is alleged that on 11th August, 2021, the applicant visited the Bhandara Branch and sought review of the employees of the Bank. It is alleged that the applicant was dissatisfied with the performance of the complainant and he expressed it by uttering the words that the complainant should try to convince the customer as she convince her husband. It is alleged that utterance of these words amounts to insult to her modesty. There is also reference to the subsequent incidences dated 28th August, 2022 and 16th September, 2022.

4. However, after going through the narration of such incidences, it appears that whatever words uttered by the applicant were for the better administration of the Bank, though said words can be said to be at the most disgraceful.

5. But in subsequent incidents no words or gesture used which can be said to be of a nature to insult the modesty of the non-applicant No.2.

6. In the above referred backdrop, learned counsel for the applicant argued that the prerequisites to attract Section 509 of Indian Penal Code are absent. Accordingly, he prays for quashing of the charge-sheet.

7. On the other hand, learned Additional Public Prosecutor and learned counsel for the non-applicant no.2 strongly opposed the application and submits that there is sufficient material available on record to show the complicity of the applicant in the alleged offence and further allegation made in the First Information Report constitutes the offence as alleged.

8. Ms. Dangre, learned counsel for the non-applicant no.2 argues that a test of outrage of modesty must be whether the reasonable man will think to act of the offender was intended to or was known to be likely of outrage of modesty of woman. She accordingly submits that the words utter by the applicant in the meeting dated 11th November, 2021 was with an intention to insult the modesty of the complainant. She therefore submits that offence under Section 509 of Indian Penal Code is constituted against the applicant. She, therefore, prays for rejection of the present application.

9. Ms. Dangre, learned counsel for the non-applicant no.2 in support of her submission has placed reliance of the Delhi High Court in the case of Varun Bhatia Vs. State and another reported in 2023 SCC OnLine Del 5288, wherein Delhi High Court has discussed authorities of the Hon’ble Supreme Court of India.

10. In light of rival contentions, we have perused the charge sheet. The words uttered by the applicant are that “the complainant

should convince customer as she convince her husband”, are considered by the complainant insult to her modesty.

11. In the case of Varun Bhatia Vs. State and another (supra) has held thus:

“17. The essential ingredients of Section 509 IPC are as under:

i. Intention to insult the modesty of a woman;

ii. The insult must be caused by:

a. uttering any words, or making any sound or gesture, or exhibiting any object intending that such word or sound shall be heard or that the gesture or object