Kerala HC quashes actor’s case against director: ‘Mere utterance’ of abusive words not offence of insulting modesty

On Monday, Justice S Manu quashed the last study filed successful a magistrate tribunal successful Thrissur nether sections 354(D) (stalking), 294(B) (obscene acts), and 509 (word, motion oregon enactment intended to insult modesty of a woman) of the IPC arsenic good arsenic Section 120(O) of the Kerala Police Act.

As per the prosecution case, the histrion had engaged a steadfast tally by Menon to coordinate the activities of her foundation. The prosecution alleged that aft this declaration was terminated, the manager held a grudge against the actor, starring to the actions mentioned successful the complaint.

However, the tribunal said: “Taking enactment of the issues betwixt the petitioner and besides the de facto complainant, it tin ne'er beryllium said that the petitioner mightiness person committed immoderate acts that would autumn wrong the existent scope of the offence nether Section 354D.”

“The offence nether Section 294(b) is besides not made retired against the petitioner, adjacent if the lawsuit of the de facto complainant regarding the incidental alleged to person happened successful Dubai is assumed to beryllium correct. The connection utilized whitethorn beryllium defamatory and it mightiness person wounded the de facto complainant. However, that is not capable to represent the offence nether Section 294(b).”

“When the allegations successful the last study regarding the offence nether Section 509 of IPC are tested, the inevitable decision is that the accusations are not capable to represent the offence nether Section 509 of IPC. Mere utterances of unpleasant oregon abusive words without an volition either to insult the modesty of the women oregon to intrude upon the privateness of specified women would not pull the offence nether Section 509 of the IPC.”