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11. In Anil Mehra v. Ajmer Singh, 1991 (1) RCR (Criminal) 699, Hon'ble Punjab & Haryana High Court quashed the criminal proceedings on the ground that empty threats, without mens rea to cause injury would not amount an offence under Section 506 IPC.
12. In Meen Raj v. State, represented though the Inspector of Police [Crl.O.P. (MD) No. 10951 of 2012], Hon'ble Madras High Court held/observed the defecto complainant's daughter arrayed as one of the witnesses and the statement recorded under Section 161 of the Code, revealed that the petitioner made a life threat to the second respondent and his daughter; that it will not constitute any offence against the petitioner because the empty threats does not prima facie mean that the case under Section 506 IPC is made out against the petitioner.
14. Hence, for the offence of criminal intimidation punishable under Section 506 IPC, the threat should be a real one and same should not be empty. Further, it has to be shown that threats were made with an intent to cause alarm or that an alarm was caused to the complainant.
15. In the present case, allegations for offence of criminal intimidation punishable under Section 506 IPC against the appellant in FIR was that he threatened her to slap and that she will face with dire consequences. In statement under Section 164 of the Code, she stated in this regard while going from there that he would see her and threatened that she can do nothing against him and he would continue to behave like that. Now, I come to deposition during trial wherein she testified in this regard that accused started abusing her and assaulted her by showing slap towards her; the abusive language used by accused was "bedi aai houn tuition padhane jhoparpati se aai houn, may tujhe dekh lunga". From these three statements of victim, it is apparent that she has given different versions in these statements. In FIR, she alleged that he threatened her to slap and face dire consequences; in statement under Section 164 of the Code, she stated that he would see her and she threatened that she can do nothing against him and he would continue to behave like that; during trial she stated that he abused stating that "bedi aai houn tuition padhane jhoparpati se aai houn, may tujhe dekh lunga". She stated in FIR about threat of dire consequences but this threat do not find mention in her statement under Section 164 of the Code and statement given during trial. Further, these threats can not be said to have been given with intent to cause an alarm. There is no case of prosecution that appellant was having any weapon or something like that to execute the threat. She has nowhere stated in her statement that alleged threat had caused an alarm to her. The alleged threats can be said to be empty threats and not real one. That being so the threat to have been given by the appellant does not fall within the mischief for Section 506 IPC