Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Gautam Dhawan (CEO)     30 April 2014

Misuse of section 509

Misuse of Section 509

Hello everyone, my father is aged close to 64 years and is in a bitter battle with his brother over Probate of their father's will which matter is in the High Court. He has never been involved in any Criminal case till date.

Both brothers have offices in same basement. To harass my father, his brother sent his employees to my father's office, including a female employee, to fight with my father and after a verbal altercation called the Police and has now got a case registered against my father under section 509 - Outraging the modesty of a woman - on the grounds that he allegedly used the words "Stupid woman" and "Bitch".

The entire episode is on CCTV Camera and my father is sitting on his chair behind his table while the entire staff of his brother including the woman is standing across him and shouting at him. Unfortunately there is no audio !

The FIR was filed and now my father has received summons from court.

We have also filed a complaint with the Police accusing them of criminal trespassing, intimidation, threat to life and theft (one key of our safe was stolen in the commotion) but no action has been taken by police as they state these crimes are non-cognizable.

How should we deal with this situation ?

 

 



Learning

 5 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     30 April 2014

Go for quashing of complaint/FIR or proceedings before the High court.

Gautam Dhawan (CEO)     30 April 2014

I have been advised against that as High Court does not quash FIR's easily without trial in lower court. On wat grounds can I go for quashing ?

Mahesh R. Sonawane (Lawyer/Fight for justice)     30 April 2014

"To harass my father, his brother sent his employees to my father's office, including a female employee, to fight with my father"

You himself stated that, all is done by the brother  of your  father as there are letigations are pending, then you have to find out the material to support your case. It shows that it is the counterblast to the proceedings of will.. point out this to the High court.

It is not easy to quash the proceedings but you have to take chance, If court is not inclined then withdraw the matter, without any observations on merit. And take liberty for filing of discharge application before the trial court.

Gautam Dhawan (CEO)     02 May 2014

I am looking for a good lawyer for the above. Can you please suggest someone who is an expert in Section 509 proceedings and the costs involved.

I want to take all actions permissible to quash this false and frivolous complaint.

Also, what is your take on a case being registered on being allegedly called "Stupid Woman" and "Bitch".. do these words even constitute "Outraging the modesty of a woman" when the woman in question herself can be seen shouting and charging towards my father in the CCTV Footage ?

adv.raghavan (Advocate,9444674980)     02 May 2014

first under the section and take a concrete step in a right direction.

509. 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.

so you query whether those words constitute an offence is affirmative, whether your father had told it or not it is a different question, which will decided during the course of trial.

I advice you to go for discharge petition , as there is a civil dispute  pending against the concerned parties, you can take recourse of that.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register