There must be reliable material to support allegations under IPC Sections, or proceedings may be quashed.

ORDER

Dated this the 20^th day of November, 2025 The petitioner is the sole accused in C.C No. 1337 of 2023 on the file of the Judicial first Class Magistrate Court-I, Thalassery arising out of Crime No. 1281 of 2023 of Thalassery Police Station. The offences alleged against the petitioner are under Sections 341 , 294(b) and 509 IPC .

2. The prosecution case is that on 19.09.2023 at about 9.30 a.m, while the defacto complainant was walking along the side of Koothuparambu-Thalassery road towards her college, the accused came on his motorcycle, wrongfully restrained her, abused and insulted her modesty and thereby he alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, the allegations levelled against the petitioner will not constitute any offences under Sections 341 , 294(b) and 509 IPC . Therefore, he prayed for quashing further proceedings against the petitoner.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. On a perusal of the FI statement given by the victim, it can be seen that the petitioner and defacto complainant were lovers and when the relationship got strained, the petitioner came on his motorcycle and questioned her as to why she avoided him. In the words used by the petitioner for abusing the defacto complainant, no obscene words are used. Therefore, the offence under Section 294 (b) is not attracted. For the very same reason, the offence under Section 509 IPC is also not attracted.

6. According to the learned Public Prosecutor the offence under Section 341 IPC will stand.

7. On the other hand, according to the learned counsel for the petitioner, the offence under Section 341 IPC is also not attracted as there is nothing to show that there was any obstruction to the defacto complainant in proceeding further and also that there is nothing to show that the petitoner had any intention to obstruct the movement of the defacto complainant.

8. On a perusal of the FI statement, it can be seen that the petitioner came from behind the defacto complainant in motorcycle and uttered some words. Even as per the FI statement, defacto complainant stated that he harassed her by coming from behind her.

9. In the above circumstances, it can be seen that in this case, there is no reliable material to constitute the offences under Section 341 IPC also. Therefore, further proceedings against the petitoner will be an abuse of the process of the court, and as such, it is liable to be quashed by invoking the power under Section 528 of BNS.

In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in C.C No. 1337 of 2023 on the file of the Judicial first Class Magistrate Court-I, Thalassery arising out of Crime No. 1281 of 2023 of Thalassery Police Station, is quashed.