Vague allegations of abusive language do not satisfy the requirements of Section 504 IPC, which necessitates intentional insult likely to provoke a breach of peace.

ORAL ORDER

This petition is preferred by the petitioner - accused seeking quashing of the impugned proceedings in C.C.No.226/2023 pending on the file of the learned Senior Civil Judge and Principal JMFC, KGF for the offence punishable under Section 504 of IPC .

2. Heard learned counsels for the parties and perused the material on record.

3. A perusal of the material on record will indicate that respondent No.2 - complainant, who was working as a Tahsildhar in KGF, filed a complaint on 30.08.2022 against the petitioner alleging that the petitioner was guilty of the offence punishable under Section 504 of IPC . In this context, a perusal of the complaint will indicate that except for vaguely and baldly stating that the petitioner had used unparliamentarily language against respondent No.2, the impugned cryptic and laconic complaint does not make out ingredients so as to attract the offence punishable under Section 504 of IPC against the petitioner.

4. In this context, learned counsel places reliance upon the judgment of the Allahabad High Court in the case of Dhirendra Vs. State of U.P. reported in AIRONLINE 2024 ALL 276 , wherein it is held as under:

"29. Insofar as the case against the applicant under Section 504 of the Indian Penal Code is concerned, it is to be seen that Section 504 IPC reads as under :-

"504. Intentional insult with intent to provoke breach of the peace.--Whoever intentionally insults, and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace, or to commit any other offence, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both."

30. It is to be noted that Section 504 of the Indian Penal Code provides that whoever intentionally insults and thereby gives provocation to any person, intending or knowing it to be likely that such provocation will cause him to break the public peace or to commit any other offence then the aforesaid offence come within the meaning of intentional insult with the intent to provoke breach of peace. It is to be seen that in the present case, as per complaint, the only allegations are that abusive language was used by the applicants, however, the nature of abusive language has neither been elaborated in the complaint nor in the statements of witnesses. The Supreme Court in Mohammad Wajid and another Vs State of U.P. in Criminal Appeal No 2340 of 2023 decided on 8.8.2023 ( AIR 2023 SC 3784 ) has observed that:-

" Section 504 of the IPC contemplates intentionally insulting a person and thereby provoking such person insulted to breach the peace or intentionally insulting a person knowing it to be likely that the person insulted may be provoked so as to cause a breach of the public peace or to commit any other offence. Mere abuse may not come within the purview of the section. But, the words of abuse in a particular case might amount to an intentional insult provoking the person insulted to commit a breach of the public peace or to commit any other offence. If abusive language is used intentionally and is of such a nature as would in the ordinary course of events lead the person insulted to break the peace or to commit an offence under the law, the case is not taken away from the purview of the Section merely because the insulted person did not actually break the peace or commit any offence having exercised self control or having been subjected to abject terror by the offender. In judging whether particular abusive language is attracted by Section 504 , IPC , the court has to find out what, in the ordinary circumstances, would be the effect of the abusive language used and not what the complainant actually did as a result of his peculiar idiosyncrasy or cool temperament or sense of discipline. It is the ordinary general nature of the abusive language that is the test for considering whether the abusive language is an intentio