THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION No. 9335 OF 2021
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by petitioner/Accused seeking to quash the proceedings against him in C.C.No.6161 of 2021 on the file of XVII Additional Chief Metropolitan Magistrate at Hyderabad. The offences alleged against the petitioner are under Sections 506 & 509 of the Indian Penal Code.
2. Heard. Perused the record.
3. The Police Jubilee Hills received a complaint from the 2nd respondent herein stating that this petitioner and one Srivalli Kanumilli were married. Both families are friends. It was further stated that Srivalli became pregnant and she wanted to stay with her mother on account of the improper conduct of this petitioner who was continuously abusing and insulting her. On 05.06.2020, the petitioner and his wife Srivalli who was witness in the case were quarrelling and the same was informed to the 2nd respondent and another. The 2nd respondent and another went to the house of 2 the petitioner. At that time the petitioner/accused insulted 2nd respondent stating that;
"Neevu Entha Nee Brathuku Entho Maku Telusu. Maa Bed Room Vishayalu Meeru Enduku Matladataru. Nee 1 year Koduku Chanipoyinaadu. Neevu mee Amma vallatho Untunnav, Neevu naaku chebutava."
4. The English translation of the above Telugu version reads as follows;
"I know your status and the person who you are. There is no necessity to talk about what happened in my bed room. Your one year old kid died and you are staying with your parents. Your need not give me any suggestion."
5. Learned counsel appearing for the petitioner would submit that to attract an offence under Section 509 of the Indian Penal Code, there should have been deliberate act of insulting the modesty of a woman by uttering words or gestures or exhibiting any object intending that such acts would intrude upon the privacy of such woman.
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6. He relied upon the Judgments of honourable Supreme Court in Eicher Tractor Limited v. Harihar Singh1; Kapil Agarwal v. Sanjay Sharma2; and Jetking Infotrain Limited v. State of U.P.3 and argued that complaint is nothing but a counterblast to the proceedings initiated by the petitioner and continuance of such proceedings will be nothing but an abuse of the process of law.
7. He also relied on the Judgments of honourable Supreme Court in Thermax Limited vs. KM Johny and others 4 and Kishnan Singh v. Gurpal Singh and othrs 5 and argued that delay and latches in filing complaint makes the complaint inherently improbable.
8. He further relied upon the Judgment of honourable Supreme Court in Kistaiah & others vs. The State of Andhra Pradesh & others 6 wherein it was held that in the absence of ingredients 1 (2008) 16 SCC 763 2 (2021) 5 SCC 524 3 (2015) 11 SCC 730 4 (2011) 13 SCC 412 5 (2010) 8 SCC 775 6 MANU/TL/1302/2022 4 under Section 504 and 506 the continuation of proceedings would be an abuse of process of law and ends of justice and requires that proceedings to be quashed.
9. There are disputes amongst the spouses and also family. From the utterances of this petitioner, the ingredients of Section 509 are not made out. In fact, in a fit of rage on account of differences, the petitioner had uttered that the 2nd respondent was not even competent to suggest him and was aggrieved by the fact that his privacy was intruded upon by discussing his private time in his bed room. The said utterances do not reflect any intention on the part of the petitioner to outrage the modesty of the 2nd respondent or intrude upon her privacy.
10. Further, the incident narrated would not attract the offence under Section 506 of the IPC. To punish for the offence of Criminal Intimidation one has to threaten another with an injury to the person's reputation or property, to cause alarm to that person or that it may cause such person to do any act which such person is not legally bound to do amounts to criminal intimidation.
11. None of the ingredients of either Section 506 or 509 are made out in the peculiar facts of the present case. 5
12. Accordingly the Criminal Petition is allowed and the proceedings against the petitioner in C.C.No.6161 of 2021 on the file of XVII Additional Chief Metropolitan Magistrate at Hyderabad, are hereby quashed.
Miscellaneous Petitions, pending if any, shall stand closed.
_________________ K.SURENDER, J Date: 27.03.2023 tk 6 HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No. 9335 OF 2021 Date: 27.03.2023 tk