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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
JINU JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. petition filed to quash proceedings based on allegations. (Para 1 , 2 , 3 , 6) |
| 2. arguments presented against application for quashing. (Para 4 , 5 , 9) |
| 3. legal reasoning regarding the essential ingredient of insulting modesty. (Para 7) |
| 4. court's observations on offences and statutory interpretation. (Para 10 , 11) |
ORDER
Dated this the 25th day of February, 2026 The accused in C.C.No.695/2024 on the files of the Judicial First Class Magistrate Court, Mattannur arising out of Crime No.883/2023 of the Ulikkal Police Station, Kannur filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 ( BNSS ) praying for quashing all further proceedings against her. The offences alleged against the accused are under Sections 509 of the Indian Penal Code , 1860 ( IPC ) and 120 (o) of the Kerala Police Act , 2011 (KP Act).
2. The prosecution case is that on 25.07.2023 and
26.07.2023, the accused sent WhatsApp messages to the husband of 3rd respondent against his wife/de facto complainant insulting her modesty and also sent such messages through WhatsApp, Facebook, messenger etc. to the de facto complainant and her husband.
3. According to the learned co
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