MEHBOOB ALI …PETITIONER(S) Vs.
NISAR FATIMA ….RESPONDENT(S)

CORAM:HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE CRM(M) No.265/2022👨‍⚖️ 

 

Slapping a wife in a public setting does not constitute the offence of violating a woman’s modesty under Section 354 of the Indian Penal Code./J&K High Court 

The petitioner, husband of the respondent, claims to have filed a suit for restitution of conjugal rights against the respondent/wife and the respondent/wife too has filed a suit for cancellation of the marriage
agreement executed between the parties. It is stated that while the above-mentioned litigations were pending between the parties, the respondent, at the behest of her family members, filed a false and
flimsy complaint before the learned trial court which referred the same to the concerned police for investigation under Section 202 of Cr. P. C.
CRM(M) No.265/2022 Page 2 of 4 After the report in terms of Section 202 of Cr. P. C was submitted by
the police, the learned trial court vide order dated 30.03.2022, issued process against the petitioner for commission of offences under Section 323 and 354 IPC.

7) The perusal of the complaint reveals that the respondent moved an application for initiation of criminal proceedings/lodging of FIR against the petitioner alleging therein that when she had come to the Court on 19.03.2022, the petitioner thrashed her, as a result of which she got injured and he also slapped the respondent in public gaze. The learned trial court recorded the statement of the respondent who was identified by her counsel and the trial court thereafter in its wisdom deem it proper to refer the complaint to SHO, P/S Pulwama for investigation under Section 202 of Cr. P. C. The SHO, P/S Pulwama, submitted a report before the trial court and by placing reliance upon the said report, the trial court issued the process against the petitioner
for commission of offences under Section 323 and 354 IPC. As rightly conceded by the learned counsel appearing for the respondent, from the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the
proceedings.

8) The trial court record reveals that before the matter was referred for investigation under Section 202 of Cr. P. C, the statement of the CRM(M) No.265/2022 Page 4 of 4 complainant was recorded by the learned Magistrate, as such, there is no force in the contention raised by the petitioner.
9) For the foregoing reasons, this Court is of the considered view that order dated 30.03.2022, so far as issuance of process for commission of offence under Section 354 IPC is concerned, the same
is not sustainable in the eyes of law and, accordingly, the same is quashed whereas the order impugned to the extent of issuance of process under Section 323 IPC is upheld. The petition is, accordingly,
disposed of. The interim direction, if any, shall stand vacated. The trial court shall proceed ahead with the proceedings in accordance with law.

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MEHBOOB ALI Vs. NISAR FATIMA JUDGMENT THE LAW LITERATES J &k HIGH COURT

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