High Court Quashes Criminal Proceedings Against Accused in Section 504 IPC Case — No Intentional Insult or Provocation Found. Allegation of Abusive Language Without Evidence of Intent to Provoke Breach of Peace Does Not Attract Section 504 IPC.

High Court: Karnataka High Court Bench: BENGALURU In Favour of Accused

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2026-05-18 16:17:06

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Case Note & Summary

The petitioners, Sri Krishnappa M.T. and Sri Swamy, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the proceedings in C.C. No. 372/2020 (later renumbered as C.C. No. 30808/2021) pending before the XLII Additional Chief Metropolitan Magistrate (Special Court for trial of cases against sitting as well as former MPs/MLAs) at Bengaluru. The proceedings arose out of Crime No. 181/2020 registered by Turuvekere Police for offences punishable under Sections 34 and 504 of the Indian Penal Code, 1860 (IPC). The case was based on a complaint by respondent No. 2, Sri Vishwanath, alleging that on 18.10.2020, the petitioners abused him in filthy language and threatened him with dire consequences. The petitioners contended that the allegations did not satisfy the essential ingredients of Section 504 IPC, as there was no intentional insult with intent to provoke a breach of the peace. The High Court examined the complaint and charge sheet and found that the allegations, even if accepted in entirety, did not disclose any intentional insult or intent to provoke a breach of the peace. The court held that mere use of abusive language without the requisite intent does not constitute an offence under Section 504 IPC. Consequently, the court allowed the petition, quashed the proceedings in C.C. No. 30808/2021 (arising out of C.C. No. 372/2020) and discharged the petitioners.

Headnote

A) Criminal Law - Section 504 IPC - Intentional Insult - Essential Ingredients - For an offence under Section 504 IPC, the prosecution must establish that the accused intentionally insulted the complainant with the intent to provoke a breach of the peace or knowing that it is likely to cause such breach. Mere use of abusive language without such intent does not constitute the offence. (Paras 5-7)

B) Criminal Procedure Code, 1973 - Section 482 - Inherent Powers - Quashing of Proceedings - Where the allegations in the complaint and charge sheet, even if taken at face value, do not make out a prima facie case for the offence alleged, the High Court may exercise its inherent powers under Section 482 CrPC to quash the proceedings to prevent abuse of process of court. (Paras 8-10)

Issue of Consideration

Whether the allegations in the complaint and charge sheet constitute an offence under Section 504 IPC read with Section 34 IPC, warranting continuation of criminal proceedings.

Final Decision

The petition is allowed. The proceedings in C.C. No. 30808/2021 (arising out of C.C. No. 372/2020) pending on the file of XLII Addl. C.M.M. (Special Court for trial of cases against sitting as well as former MPs/MLAs) Bengaluru are quashed. The petitioners are discharged.

Law Points

Section 504 IPC requires intentional insult with intent to provoke breach of peace
mere abusive language without such intent is not sufficient
quashing of criminal proceedings under Section 482 CrPC when no prima facie case made out

Case Details

2024 LawText (KAR) (12) 17

Criminal Petition No. 13215 of 2023

2024-11-07

M. Nagaprasanna

Smt. Nandini B. for Sri. Bhargav G. for petitioners; Sri. B.N. Jagadeesha, Addl. SPP for respondent No. 1

Sri. Krishnappa M.T. and Sri. Swamy

State of Karnataka and Sri. Vishwanath

Nature of Litigation

Criminal petition under Section 482 CrPC seeking quashing of proceedings in C.C. No. 372/2020 for offences under Sections 34 and 504 IPC.

Remedy Sought

Petitioners sought to set aside the order dated 17.10.2020 taking cognizance and quash the proceedings in C.C. No. 372/2020 (later C.C. No. 30808/2021).

Filing Reason

Petitioners alleged that the complaint and charge sheet did not make out a prima facie case under Section 504 IPC as there was no intentional insult with intent to provoke breach of peace.

Previous Decisions

The Senior Civil Judge and JMFC, Turuvekere, took cognizance on 17.10.2020 in C.C. No. 372/2020. The case was later transferred to the Special Court at Bengaluru and renumbered as C.C. No. 30808/2021.

Issues

Whether the allegations in the complaint and charge sheet constitute an offence under Section 504 IPC read with Section 34 IPC? Whether the criminal proceedings should be quashed under Section 482 CrPC for abuse of process?

Submissions/Arguments

Petitioners argued that the allegations of abusive language do not satisfy the essential ingredients of Section 504 IPC, as there is no intentional insult with intent to provoke breach of peace. Respondent State argued that the matter should proceed to trial.

Ratio Decidendi

For an offence under Section 504 IPC, the prosecution must establish intentional insult with intent to provoke breach of peace. Mere abusive language without such intent does not constitute the offence. Where the allegations do not make out a prima facie case, proceedings can be quashed under Section 482 CrPC.

Judgment Excerpts

The petitioner is before this Court calling in question the proceedings in C.C.No.372/2020 arising out of crime No.181/2020 for offences punishable under Sections 34 and 504 of the Indian Penal Code, 1860. Heard learned counsel Smt. Nandini B., for learned counsel, Sri. Bhargav G., appearing for the petitioner and Sri. B.N. Jagadeesha, learned Additional SPP appearing for respondent No.1.

Procedural History

Crime No. 181/2020 was registered by Turuvekere Police for offences under Sections 34 and 504 IPC. The Senior Civil Judge and JMFC, Turuvekere, took cognizance on 17.10.2020 in C.C. No. 372/2020. The case was later transferred to the Special Court at Bengaluru and renumbered as C.C. No. 30808/2021. The petitioners filed Criminal Petition No. 13215 of 2023 under Section 482 CrPC seeking quashing of the proceedings.