The Kerala High Court has quashed a criminal case against film director Sreekumar Menon who was accused by a prominent Malayalam actress of abusing and defaming her, saying that mere utterances of unpleasant words against a woman would not result in insult to her modesty. The order by Justice S Manu came on the plea by Menon, who is the director of the 2018 Indian Malayalam-language fantasy drama film 'Odiyan' starring Mohanlal.
She had alleged that the director had indulged in defamation of her during the shooting, promotion, and release of the film 'Odiyan' wherein she too had a role.
She also alleged that he behaved indecently with her and mentally harassed her at the shooting locations.
She later alleged that Menon used abusive words against her in front of people at Dubai airport.
On the basis of the complaint, an FIR was filed against Menon in 2019 under sections 354D (stalking), 294(b) (use of obscene words in a public place) and 509 (word, gesture or act intended to insult the modesty of a woman) of the IPC. The police have completed its investigation, and it is pending before a magisterial court.
According to the actor, Menon used abusive words and tried to defame her due to a grudge against her for terminating an agreement she had with his company for coordinating the activities of her foundation.
Rejecting her contentions, the high court said the offence of stalking was not made out as "following a woman to abuse or threaten will not fall within the scope of the penal provision".
It further observed that the offence under section 294(b) will not be attracted in the case even though the words used by Menon against the female actor at Dubai airport "may be defamatory and might have hurt the complainant".
Only then would an offense under Section 509 be made out if the obscene words were used with a view to insult a woman's modesty or to intrude upon her privacy.
This, it said would not attract the offence under section 509 of the IPC if mere utterances of unpleasant or abusive words without any intention to insult the modesty of such women or to intrude upon the privacy of such women.
HC: In the instant case, the female actor was allegedly abused by Menon in a manner that caused disrepute to her and outraged her modesty through Facebook and over the phone.
"When tested with the allegations in the final report regarding the said offence under Section 509 of IPC, keeping in view the principles laid down by this court in the said decisions, the inevitable conclusion is that the allegations are not sufficient to constitute the offence.", it added.
The high court dismissed the final report of the police in the case and quashed the proceedings before the magisterial court.
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