The prayer in the above Criminal Miscellaneous Case filed under

Sec.482 of the Cr.P.C is as follows:

“............. to quash Annexure A1 FIR in Crime No.116/2019 of

Vadakkekara Police Station, Ernakulam District and its further

proceedings, so as to secure the ends of justice.”

2.

The petitioner has been arrayed as accused in Anx-A1 Crime

No.116/2019 of Vadakkekara Police Station, for offence punishable

under Sec.294(b) of the I.P.C. The gist of the prosecution in the above

crime is that on 5.2.2019 at about 4:30 p.m. the petitioner, who is the

neighbour of the defacto complainant, told the workers who came to her

house for doing some grill works no to do any work there and when the

defacto complainant enquired about the same, he abused her, etc.

Accordingly, the lady defacto complainant had lodged the abovesaid FI

statement/complaint against the petitioner which has led to the

registration of the abovesaid Crime. The petitioner would allege that the

defacto complainant has prior animosity against him as he made

complaint before the Panchayat against the unauthorised constructions

made by her attaching the northern boundary wall of the petitioner.

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The petitioner would point out that even going by the allegations of the

lady defacto complainant, the ingredients of offence envisaged in

Sec.294(b) [“sings, recites or utters any obscene songs, ballad or

words, in or near any public place”] is not attracted in the facts and

circumstances of the case. Further that she has no case the alleged act

was done in a 'near or public place'. Further that there is no allegations

in the complaint as to what exactly is the abusive words used by the

petitioner so as to attract the ingredients of offence under Sec.294(b). It

is further stated by the petitioner that he is a law abiding citizen and

leading a reputed life along with his family.

3.

After considering various aspects of the matter and after

going through the materials on record, it is seen that there is no

mention that the alleged words having been used by the accused in a

near or public place and there is also no allegation that the words used

by the petitioner are abusive words. In the decision in Mukesh v. State

of Kerala, reported in 2018 (3) KLT 386, it has been held that in the

absence of mention in the FIR as to what are the words that are indecent

or obscene used by the accused, it cannot be said that any offence under

Sec.294(b) is made out. Further it is also trite that offence under

Sec.294(b) will be attracted in a near or public place. It is by now well

settled by the decision of this Court in the case in Latheef v. State of

Kerala, reported in 2014 (2) KLT 987, that mere use of abusive words

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will not constitute offence as envisaged in Sec.294(b) of the I.P.C. In

order to attract offence under Sec.294(b) of the I.P.C, the words alleged

to have been uttered must be capable of arousing sexually impure

thoughts in the minds of its hearers and mere use of abusive words will

not attract the element of obscenity under Sec.294(b) of the I.P.C. In

the light of these aspects, it is only to be held that further continuation

of the prosecution will be nothing but abuse of the process of the court

as the basic ingredients of the offence is not made out.

4.

Accordingly, it is ordered that the impugned Anx-A1 Crime

No.116/2019 of Vadakkekara Police Station, registered against the

petitioner-accused and all further proceedings arising therefrom will

stand quashed.

The petitioner will produce certified copy of this order before the

court below concerned and before the Investigating Officer concerned

for necessary information. The Office of the Advocate General will also

forward a certified copy of this order to the Investigating Officer

concerned.

With these observations and directions, the above Crl.M.C will

stand finally disposed of.

Sd/-

ALEXANDER THOMAS,

Judge.

bkn/-

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APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXURE A1

CERTIFIED