Allegations lacking sufficient evidence do not constitute offences under IPC, warranting quashing of proceedings.

O R D E R

(Dated this the 11th day of February, 2026)

The petitioner is the 2^nd accused in C.C No.738 of 2022 on the file of Judicial First Class Magistrate Court-II, Thrissur, arising out of Crime No.209 of 2022 of Town West Police Station, Thrissur. He filed this petition under Section 482 Cr.PC praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 354 and 354A of IPC .

2. The prosecution case is that on 21.11.2021 at about

3.00 p.m., the 1^st accused who was taking class for the de facto complainant in the School of Drama and Fine Arts College, Arnattukara, beat on her palm with sexual intent and when she complained about the same to the 2^nd accused, he abused her using obscene words over telephone with an intention to insult her modesty and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned Senior Counsel, who is appearing for the petitioner, even if the entire allegations levelled against the petitioner are believed as such, the same will not constitute the offences under Section 354 and 354A IPC .

Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Though notice was served on the de facto complainant, she did not turn up.

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

6. On a perusal of the FI statement, it can be seen that the allegations raised against the petitioner is that, when the de facto complainant complained to the petitioner against the 1^st accused, he made comments with sexual content over telephone and thereby, outraged her modesty. Though it is alleged that the petitioner contacted her over telephone repeatedly and made sexually coloured comments, the mobile phone of the petitioner or that of the victim was seized and the CDR in respect of the above mobile phones were not produced and as such, there is no reliable evidence to prove that the petitioner talked to the de facto complainant over phone and made comments with sexual content as alleged. The words allegedly used by the petitioner do not have the meaning of demanding or requesting for sexual favours. Therefore, the allegations levelled against the petitioner does not constitute the offence punishable under Section 354A .

The allegations under Section 354 IPC all raised only against the

1^st accused and not against the petitioner.

7. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner, as it will only be an abuse of the process of the Court. Therefore, this Crl.M.C is liable to be allowed.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C No.738 of 2022 on the file of Judicial First Class Magistrate Court-II, Thrissur, arising out of Crime No.209 of 2022 of Town West Police Station, Thrissur, is quashed under Section 482 of Cr.P.C.

Sd/-