Indian Kanoon - Search engine for Indian Law

Kerala High Court

Muhammed Ramsheed.P vs State Of Kerala on 30 October, 2025

Crl. M.C.No. 8567/2025




                                       1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

             THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR

 THURSDAY, THE 30TH DAY OF OCTOBER 2025 / 8TH KARTHIKA, 1947

                          CRL.MC NO. 8567 OF 2025

     CRIME NO.363/2017 OF HOSDURG POLICE STATION, KASARGOD

CC NO.1123 OF 2024 OF JUDICIAL MAGISTRATE OF FIRST CLASS
-I,HOSDRUG

PETITIONER/ACCUSED NO.1:

               MUHAMMED RAMSHEED.P
               AGED 22 YEARS, S/O IBRAHIM KUTTY,
               SHAMEEMA MANSIL, NEAR, JUMA MASJID,
               T.B ROAD,HOSDURG, KASARGOD, PIN - 671315

               BY ADVS.
               SRI.RAHUL SASI
               SMT.NEETHU PREM


RESPONDENTS/STATE/COMPLAINANT:

      1        STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

      2        STATION HOUSE OFFICER
               HOSDURG POLICE STATION, PIN - 671315

               BY PUBLIC PROSECUTOR SMT. BINDU O.V

       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON    30.10.2025,        THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl. M.C.No. 8567/2025




                                        2



                                   ORDER

Dated this the 30th day of October, 2025 This is a petition filed under Section 528 of B.N.S.S., by the 1 st accused in Crime No.363/2017 of Hosdurg Police Station, Kasaragod, which is pending as CC. No.1123/2024 on the file of Judicial First Class Magistrate Court-I, Hosdurg.

2. The offences alleged against the petitioner and the co-accused are punishable under Sections 509 r/w Section 34 IPC and Section 119(a) of K.P. Act. In the final report, the allegation is that on 31.3.2017, at about 6 p.m., the accused persons exhibited sexual gestures at public place near Puthiyakotta Smrithimandapam at Hosdurg and thereby insulted the modesty of women.

3. According to the the learned counsel for the petitioner, in this case, no woman was cited as witnesses and as such the offence under Section 509 IPC and Section 119(a) of the K.P. Act are not attracted. Further according to him, for the very same reasons the trial court has already acquitted the 2nd accused as per Annexure A3 judgment. Therefore, he prayed for quashing the proceedings against the petitioner. Crl. M.C.No. 8567/2025 3

4. The petition was opposed by the learned Public Prosecutor. According to her, the accused persons committed the offence in front of women, but they are not prepared to come forward as witnesses.

5. Section 509 of India Penal Code reads as follows:

"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, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to three years, and also with fine."

6. Section 119 (a) of the Kerala Police Act reads as follows:

"119. Punishment for atrocities against women. - (1) Any person who,--

(a) performs, in public places, any sexual gestures or acts degrading the dignity of women; or

b) takes photographs or records videos or propagates them at any place in a manner affecting the reasonable privacy of women, shall, on conviction, be punished with imprisonment which may extend to three years or with fine not exceeding ten thousand rupees or with both.

(2) Where any service provider or person in charge of a public place, who fails by deliberate omission to take reasonable action for the time being to prevent such a criminal act, if the victimized woman complaints that an offence under sub-section (1) had taken place in their presence or fails to inform the authorities concerned shall be an offence which on conviction be punishable with fine upto one thousand rupees."

7. On a perusal of the above provisions, it can be seen that in order to attract the offence under the above provisions, the accused should utter any word, make any sound or gesture, 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. In the instant case, the prosecution has not cited any women as a witness, whose modesty was allegedly insulted by the accused persons. In the absence of any such insult to the modesty of any woman, the offence under Section 509 IPC and Section 119 (a) of the KP Act are not attracted. In the above circumstances, no useful purpose will be served in proceeding further against the petitioner and as such this Criminal M.C. is liable to be quashed. Crl. M.C.No. 8567/2025 5

8. In the result, this Crl. M.C. is allowed. All further proceedings against the petitioner in CC. No.1123/2024 on the file of Judicial First Class Magistrate Court-I, Hosdurg, arising from Crime No.363/2017 of Hosdurg Police Station, Kasaragod, stands quashed.

Sd/-

C. PRATHEEP KUMAR, JUDGE sou.

6 APPENDIX OF CRL.MC 8567/2025 PETITIONER ANNEXURES Annexure A1 THE CERTIFIED COPY OF THE FIR IN CRIME NO. 363 OF 2017 OF HOSDURG POLICE STATION IS PRODUCED Annexure A2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 363 OF 2017 OF HOSDURG POLICE STATION IS PRODUCED Annexure A3 THE TRUE COPY OF THE JUDGMENT OF ACQUITTAL DATED 03.06.2024 IN C.C NO. 953 OF 2017 ON THE FILES OF THE JUDICIAL FIRST-CLASS MAGISTRATE COURT - I HOSDURG IS PRODUCED