Allegations lacking obscene words do not constitute Section 294(b) IPC offence; proceedings quashed to prevent abuse of process.

ORDER

Dated this the 06^th day of April, 2026 The accused in C.C.No.35/2023 pending before the Grama Nyayalaya, Pazhayannur, Thrissur arising out of Crime No.558/2023 of Chelakkara police station, filed this Crl.M.C. under Section 528 of BNSS , praying for quashing all further proceedings against him. The offence alleged against the petitioner is under Section 294 (b) of IPC .

2. The prosecution case is that on 06.08.2023 at about 11.00 a.m. at the ASLP School Chelakode while a convention of a political party was going on, the accused allegedly abused the defacto complainant using filthy words.

3. According to the learned counsel for the petitioner, even if the entire allegations leveled against the petitioner are believed as such, the same will not constitute the offence punishable under Section 294 (b) of IPC . Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor. Though notice was served on the defacto complainant/3rd respondent, she did not turn up.

5. Originally the FIR was registered under Section 354 & 294(b) of IPC . When the final report was filed the police omitted 354 and included only 294(b) .

6. On a perusal of the FI Statement, it can be seen that the allegation is to the effect that the accused abused her using filthy words. The words allegedly used by the petitioner does not contain any obscene words. In the above circumstances, the allegations leveled against the petitioner will not make out the offence punishable under Section 294 (b) of IPC . Therefore, there is no meaning in continuing the proceedings against the petitioner as the same will only be an abuse of the process of the court.