Madhya Pradesh High Court
Sunish vs The State Of Madhya Pradesh on 11 September, 2019
Author: Vandana Kasrekar
Bench: Vandana Kasrekar
1
(M.Cr.C. No.11398/2015)
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
S. B.: Hon'ble Ms. Justice Vandana Kasrekar
M.Cr.C. No.11398/2015
Sunish & Anr.
Vs.
State of M.P. & Anr.
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Shri Surendra Kumar Gupta, learned counsel for the
petitioners.
Shri Nisheet Wishard, learned Govt. Advocate for the
respondent no.1/State.
Ms. Rekha Shrivastava, learned counsel for the
respondent no.2.
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ORDER
(Passed on this 11th day of September, 2019) Per Ms. Vandana Kasrekar, J.
This petitioners have filed the present petition under Section 482 of Cr.P.C. challenging the order dated 05/07/2013, for quashment of the charges framed under Section 509 of IPC against the petitioners.
2. On 28/01/2013, complainant Chapla Kumar Bhargava wife of Pankaj Bhargava submitted a written complaint in her letter head to Superintendent of Police, East Region, Indore that on 27/01/2013, she along with her two daughters went for shopping at "Easy day Bazar" situated at Scheme No.4, Indore. After paying the bill, when her younger daughter Pooja, who is National Table Tennis Player, went out of gate, the buzzer of machine rang. Complainant called her daughter Pooja inside and sent her to take some information from 2 (M.Cr.C. No.11398/2015) Customer Care. At that time, watchman of the store called complainant's daughter and asked her to stand on the machine, the buzzer again rang out. The watchman stopped complainant's daughter and handed over her to store manager and then stored manager handed over her to lady guard and manager. Behaviour of all persons was highly derogatory, shameful and indecent.
3. Thereafter, lady guard took complainant's daughter to trial room and checked her by removing her clothes. During search, her daughter was weeping. Thereafter, complainant's daughter was again checked in the machine but this time buzzer did not rang and when they came out, buzzer again rang though goods were sealed. When complainant asked to apologize in writing and asked to talk and asked to talk with higher authorities then the staff who were present there have denied to do the same. When complainant's daughter refused to remove the clothes, the lady guard shouted at her and asked to remove the clothes else she will be killed. The said written complaint was forwarded to the Police Station, Vijay Nagar, Indore and police has registered the case under Sections 509, 504, 506 and 34 of IPC against the petitioners and the lady guard.
4. After completion of the investigation, charge-sheet was filed in the Court of Judicial Magistrate First Class. Being aggrieved by the charges, which is framed under Section 509 of IPC against the petitioners, the petitioners have filed the present petition.
5. Learned counsel for the petitioners submits that there is no evidence available on record against the present 3 (M.Cr.C. No.11398/2015) petitioners to frame charges under Section 509 of IPC. The complainant has made specific allegation against the store manager, but from the documents which are part of the challan, it can be suitably seen that the petitioners were not holding such post.
6. The learned Judge has failed to consider that for framing of charges under Section 509 of IPC, if a person intending to insult the modesty of woman, utters any word, make any gesture or sound shall be heard or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman. In the present case, no such ingredients are available on record and, therefore, Section 509 of IPC does not attract. In the present case, there is no use of force by the petitioners. There is no mens rea for committing such offence. In such circumstances, he submits that the charges framed under Section 509 of IPC be quashed.
7. Learned counsel for the respondents supports the order passed by the Court below and submits that the charges have been rightly framed against the petitioners.
8. Heard learned counsel for the parties and perused the record.
9. In the present case, the petitioners have filed the petition for quashment of charge which is framed under Section 509 of IPC. Section 509 of IPC reads as under :-
Section 509. Word, gesture or act intended to insult the modesty of a woman.-- Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, 4 (M.Cr.C. No.11398/2015) or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.
10. That, as per the said Section, the same will be attracted if a person intending to insult the modesty of woman by uttering any word or by making any gesture or sound or exhibit any object, intending that such word or sound shall be heard or that such gesture or object shall be seen by such woman, or intrudes upon the privacy of such woman. For attracting the offence under Section 509 of IPC, there must be an intention or mens rea and in the present case, there is neither any act on the part of the petitioners which would attract Section 509 of IPC nor any mens rea or intention, therefore, the offence under Section 509 of IPC is not attracted at all.
11. In the light of the aforesaid, there was no evidence at all, against the petitioners. This Court is of the considered view that only on the basis of disclosure statement of complainant as well as other co-accused persons, the petitioners cannot be grilled, hence, the application filed by the petitioners is allowed. The impugned order dated 5/07/2013, whereby framing charges against the petitioners under Section 509 of IPC is hereby quashed. The trial court may proceed further with other subsequent proceedings.
(Ms. Vandana Kasrekar) Judge pn Digitally signed by Preetha Nair Date: 2019.09.16 18:25:27 +05'30' 5 (M.Cr.C. No.11398/2015) 6 (M.Cr.C. No.11398/2015)