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2013 DIGILAW 432 (AP)

K. S. Vinay Kumar v. State

2013-06-13

B.SESHASAYANA REDDY

body2013
Judgment : This Criminal Petition has been taken out under Section 482 Cr.P.C. by Accused-K.S. Vinay Kumar in STC No.87 of 2010 on the file of IX Metropolitan Magistrate, Cyberabad at Miyapur, Ranga Reddy District, to quash the proceeding therein. 2. The 2nd respondent presented a report before the S.H.O., Sanathnagar P.S. on 06.05.2010 alleging inter alia and she has been pestered by the petitioner to love him and also threatened her that he would put an end to his life if she did not reciprocate to his love. Basing on the complaint, a case in Crime No.305 of 2010 came to be registered by the S.H.O., Sanathnagar P.S. for the offence under Section 509 IPC. After due investigation, a charge sheet came to be submitted in the Court of IX Metropolitan Magistrate, Cyberabad at Miyapur, Ranga Reddy District. The learned Metropolitan Magistrate took the charge sheet on file as STC No. 87 of 2010. Hence, this petition by the accused-K.S. Vinay Kumar under Section 482 Cr.P.C., seeking the prayer stated supra. 3. Notice to the 2nd respondent came to be ordered on 03.02.2012. Despite notice being served on the 2nd respondent, she did not choose to enter appearance either in-person or through counsel. 4. Heard learned counsel appearing for the petitioner and learned Additional Public Prosecutor appearing for 1st respondent/State. 5. It is contended by the learned counsel appearing for the petitioner that even if the entire averments in the report presented by the 2nd respondent/complainant are taken into consideration, no ingredients of Section 509 IPC are made out, and therefore, continuance of proceedings against the petitioner in STC No.87 of 2010 amounts to abuse of process of Court. Learned counsel took me to the averments of the charge sheet in support of his submissions. Section 509 IPC reads as herein : 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 one year, or with fine, or with both. 6. The concept of ‘modesty’ concerns with feminity including sex. 6. The concept of ‘modesty’ concerns with feminity including sex. Wherever there is an assault or insult to this feminity or the like qualities accompanying it, the offence under Section 509 of the Penal Code will be made out. ‘Modesty of a women’ is altogether different concept which has very little to do with the physique of the woman. Bashfulness is another characteristic of this feminity. Any attempt of assault on this aspect may amount to insulting the modesty. 7. The accusation leveled against the petitioner is that he pestered the 2nd respondent/complainant to reciprocate his love or else he would prefer to die. Except these words, there is no other accusation against the petitioner in the complaint lodged by the 2nd respondent. The conduct of the petitioner in pestering the complainant to reciprocate her love affair does not amount to violation of the modesty of 2nd respondent/complainant. In that view of the matter, I find that continuance of proceedings against the petitioner in STC No.87 of 2010 on the file of IX Metropolitan Magistrate, Cyberabad at Miyapur, Ranga Reddy District, amounts to abuse of process of Court. 8. Accordingly, the Criminal Petition is allowed quashing the proceedings against the petitioner/accused in STC No.87 of 2010 on the file of IX Metropolitan Magistrate, Cyberabad at Miyapur, Ranga Reddy District. Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.