The case arose from a complaint involving allegations of cruelty, molestation, and unlawful demands for money and property. The complaint, registered under Crime No. 1704/2019 at Vattiyoorkavu Police Station, Thiruvananthapuram, led to proceedings in the Judicial Magistrate of First Class-II, Nedumangad.
Important Legal Issues Involved:
The primary legal issues in this case revolved around the applicability of Sections 354A (sexual harassment) and 498A (cruelty by husband or relatives) of the Indian Penal Code (IPC). The accused challenged the proceedings under these sections, arguing that the allegations against them were either omnibus in nature or not applicable given their gender.
Court’s Analysis and Decision:
The case was heard by Justice A. Badharudeen of the Kerala High Court. The counsel for the accused argued that Section 354A IPC, which pertains to sexual harassment, specifically applies to acts committed by a man. As the accused were women, it was contended that the charges under this section were unsustainable. The Court concurred, observing:
“Section 354A of IPC would not apply when the overt acts dealt therein were done by a woman against another woman/women. The legislative intent is to exclude woman/women from the purview of Section 354A of IPC.”
Consequently, the Court quashed the charges under Section 354A IPC.
Regarding the charges under Section 498A IPC, the accused argued that the allegations were general and lacked specific details about their involvement. However, the Court, after reviewing the complaint, found that there were specific allegations. The Court stated:
“On evaluation of the prosecution allegations, it could not be held that only general and sweeping allegations were raised. Therefore, it could not be held that the offence punishable under Section 498A of IPC is not made out, prima facie, so as to quash the proceedings.”
Accordingly, the Court dismissed the request to quash the charges under Section 498A IPC, allowing the trial to proceed.
Also Read
Case Details:
– Case Numbers: Crl.M.C Nos. 7541 & 10135 of 2023
– Bench: Justice A. Badharudeen
– Counsel for Petitioners: V.G. Arun, V. Jaya Ragi, R. Harikrishnan, Neeraj Narayan, Avaneeth S.R., Bharath Vijayan U.R.
– Counsel for Respondents: Public Prosecutor M.P. Prasanth
