THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17.09.202, THE COURT ON 22.09.2026 PASSED THE FOLLOWING:

ORDER

This petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, the “BNSS”), by the 1st accused in Crime No. 209 of 2022 of Thrissur West Police Station, registered alleging commission of offences punishable under Sections 354 and 354A of the Indian Penal Code (for short, the “IPC”), and now pending as C.C. No. 738 of 2022 on the file of the Judicial First Class Magistrate Court-II, Thrissur, seeking an order quashing the FIR, final report and all further proceedings pursuant thereto in the aforesaid case.

The prosecution case, in brief, is that on 21.11.2021, at about 3.00 p.m., the 1st accused, while taking a class for the de facto complainant at the School of Drama and Fine Arts College, Thrissur, beat her on her palm and thereby outraged her modesty. When she complained about the same, the 2nd accused, who is the Head of the Department, allegedly abused her by using obscene words over the telephone, with the intention of insulting her modesty. Thus, the accused are alleged to have committed the aforesaid offences.

I heard Sri. M.P. Sreekrishnan, the learned counsel for the petitioner, and Smt. Megha K. Xavier, the learned Senior Public Prosecutor.

The learned counsel for the petitioner submitted that the case has been foisted against the petitioner for reasons known only to the de facto complainant. According to the learned counsel, the petitioner is a reputed academician in the field of drama and theatre arts and had been invited as a visiting faculty to conduct an orientation class on Early Malayalam Theatre for the students of the School of Drama and Fine Arts, Thrissur. While taking the class, he noticed the de facto complainant, who was one of the students, sitting in a drowsy mood. It is submitted that, with the bona fide intention of awakening her, the petitioner gave a trivial beat on her palm. Infuriated by the same, the present case was allegedly foisted against the petitioner. It is further submitted that, following the incident, the petitioner approached the police with a false statement and that the Head of the Department was also implicated as the 2nd accused on the allegation that he had insulted the modesty of the de facto complainant through certain conversations he had with her over the telephone. The learned counsel further submitted that the 2nd accused in the case has already been exonerated by this Court by invoking the power under Section 528 of the BNSS. According to the learned counsel, a bare perusal of the First Information Statement itself would reveal that the ingredients of an offence under Section 354 of the IPC are not made out. On these premises, the learned counsel for the petitioner sought an order quashing the criminal proceedings against the petitioner.

The Senior Public Prosecutor opposed the application.

Before considering the rival contentions, it must be borne in mind that this Court possesses inherent powers under Section 482 of the Code of Criminal Procedure, 1973 (for short, the “Cr.P.C.”), corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to quash criminal proceedings in appropriate cases. However, such power is extraordinary in nature and is to be exercised sparingly, cautiously and only when it is necessary either to prevent abuse of the process of law or to secure the ends of justice.

One of the well-recognised grounds for quashing criminal proceedings is that, even if the allegations contained in the complaint or First Information Statement are taken at their face value and accepted in their entirety, they do not disclose the commission of any offence or make out a case against the accused. At the same time, while exercising jurisdiction under Section 528 of the BNSS, this Court is not expected to conduct a meticulous examination of the e