IMPORTANT POINT
The person who intentionally insults intending or knowing it to be likely that it will give provocation to any other person and such provocation will cause to break the public peace or to commit any other offence, in such a situation, the ingredients of Section 504 are satisfied.

Judgment :-

K.S. Radhakrishnan, J.

Leave granted

2. We are, in this case, concerned with an incident which happened in Flat No. 5, 2nd Floor, Goolestan, East Wing, Cuffe Parade, Mumbai, which led to the filing of a complaint alleging offences under Sections 294 and 504 IPC.

3. The Complainant (2nd respondent herein) is the sister-in-law of the accused, being the wife of the complainant’s brother. Complainant and her brother are the sole surviving heirs of their parents who are no more. Facts indicate that the father had the tenancy rights over the flat where the incident is alleged to have taken place.

4. Complaint Case No. 4701623/SS/11 was filed before the Additional Chief Metropolitan Magistrate, 47th Court at Esplanade Mumbai alleging offences punishable under Sections 298 and 504 IPC. Complainant stated that she moved into the above mentioned flat on 23.04.2011 along with her husband, her servants and necessary household belongings. Having come to know of the same, her brother along with accused came to India from USA and occupied one out of the four bedrooms in the flat and then indulged in several unlawful acts with a view to push the complainant out of the flat. On 8.5.2011, the accused accompanied by her daughter (born to her from her first marriage) came to the flat at about 4.00 p.m. and then left for filing a complaint before the Cuffe Parade Police Station against the complainant stating that she had broken the locks of their rooms in the flat. After lodging the complaint, she came back to the flat and rushed into the room where the idols are kept and shouted that she would not permit anyone to enter the Puja room. The complainant has described the incident as follows:

“….As I and my husband were explaining to S.I. Pawar that she had no right whatsoever to deny or prevent our access to the Puja Room the Accused shouted that if I was so keen on doing Puja, she would move the Devara outside. She ran to the Devara and began to push it. Finding it a little heavy, she then ran in frenzy, picked up my clothes and that I had left on the bed, took them to the living room and threw them on the sofa. She then came back to the Puja Room and in a premeditated fashion made a second attempt to push the Devara out of the room. She proceeded to drag the Devara in a rough manner thereby dislodging all the frames and idols of our Kula Devatas making them fall to the floor. The lamp that I had lit also fell to the ground and the flame was extinguished. She did this with the deliberate intention of wounding the religious feelings of me and my husband knowing fully well that it would not only wound our religious feelings but will cause us a lot of hurt and anguish at this sacrilege at her hands. At this point of time, even S.I. Pawar tried to reason with her not to indulge in such a sacrilegious act. Even then, the Accused ignored the pleas of her own daughter and of S.I. Pawar to stop indulging in such sacrilege to our Gods, and intentional insult to me and my husband. Thereafter, Marisha shouted at the Accused and asked her to stop indulging in such acts.”

(emphasis supplied)

5. On the basis of the above allegations, the complainant preferred a complaint on 18.5.2011, which was registered as Complaint Case No.4701623/SS/11. Learned Additional Chief Magistrate, after perusal of the complaint, found a prima facie case to take cognizance under Section 504 IPC against the accused and, consequently, issued process to the accused vide his order dated 23.8.2011.

6. The appellant then preferred Criminal Revision Application No. 1124 of 2011 challenging the order issuing the process for offence punishable under Section 504 IPC. It was contented that the allegation that she had indulged in any action with an intention to provoke the complainant to break breach of public peace or commit any other offence, was totally unfounded. Further, it was also pointed out that no details had been furnished in that complaint to show in what manner the appellant had