As per the prosecution case, the complainant and the accused were college friends.
The Supreme Court has quashed charges of outraging a women's modesty, levelled against a resident of Vakola, who allegedly sent obscene messages to the woman, on her mobile phone and Facebook, while they were in a relationship.
A bench of Justice Ranjan Gogoi, Justice Navin Sinha, Justice K M Joseph, allowed the plea filed by Jayendra Ayare, and his family members, challenging a Bombay High Court order, which had refused to grant them relief. The bench said "We are of the view that the prosecution under sections 420, (cheating) 354, (outraging women's modesty) 509 (Word, gesture or act intended to insult the modesty of a woman) and 34 (common intention) IPC, on the very face of it is not maintainable."
As per the prosecution case, the complainant and the accused were college friends. in 2015, after, exchanging their contact numbers on social networking website, the friendship developed into a relationship, later they even decided to get married, families of both sides also agreed to the same, but it was cancelled at the last minute by the accused.
The woman in her complaint with the police lodged in the year 2016, alleged that the accused used to send messages on Whatsapp which were indecent. She was shamed by such messages, but since a promise of marriage was given by him, she did not complain. Even during their visits to some parks and sites in city, physical contact in an open place embarrassed her.
Advocate Mahesh Vaswani appearing for the petitioners said "Once the boy and the girl were in love, both adults by consent indulged in some acts as complained, then, this is not a case of outraging the modesty of the complainant, which is the essential ingredient of the offence punishable under section 354 of IPC."
However, the High Court had in April 2017, rejected the plea saying "The first respondent (complainant) has specifically referred to all the conversations on Facebook and mobile messages, which, prima facie, would reveal that there was an attempt to outrage the modesty once the consent was obtained in the garb of a permanent relationship. In these circumstances, given the increasing tendency of such crimes inflicted on women, we do not think that we should interfere."
IN THE PAST
As per the prosecution case, the complainant and the accused were college friends. In 2015, after exchanging their contact numbers on a social networking website, the friendship developed into a relationship
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