A single bench of Justice PV Kunhikrishnan of Kerala High Court while quashing a case against a 51-year-old woman, observed that using abusive words to the police over a phone would not amount to the offence of obscenity under Section 294(b) of the Indian Penal Code.

“Here the prosecution alleged that the petitioner, a 51-year-old citizen, used abusive language to the Station House Officer of Alappuzha North Police Station over the phone. Even if the entire allegation in the final report is accepted, I am of the considered opinion that the offences under Section 294(b), Section 506(i) of IPC, and Section 120(o) of the Police Act are not made out in this case”.

The case was filed against a woman for allegedly using abusive language while speaking on a phone to a station house officer.

The woman stated that she had called the police officer to ask him about her compliant she had made earlier for the noise pollution, and further added that it was a false case foisted upon her and the police officer was the one who allegedly used abusive language against which she already filed a complaint.

The bench said that “”Admittedly the allegation is that the petitioner contacted the defacto complainant over phone and used abusive language. Even if the petitioner used abusive words over phone, that would not attract an offence under section 294(b) IPC”.

After observing the same, the bench quashed the case filed against the woman and said “In the normal course, such an incident is unbelievable in our society. Citizens always respect the police authorities. Therefore, the District Police Chief should conduct an enquiry about the registration of this case against the petitioner and if there is any default on the part of the defacto complainant, appropriate steps should be taken in accordance with law”.