The Kerala High Court declined to quash the FIR stating that the accused has made sexually coloured remarks and overtures and commented that the body structure of the complainant was “fine” followed by sending messages with sexual overtures to the complainant in R. Ramachandran Nair v State of Kerala & Others [2025: KER:356].
The petition for quashing of a First Information Report filed under Section 354A(iv) (Sexual harassment) and 509 (Word, gesture or act intended to insult the modesty of a woman) of the Indian Penal Code, 1860 (IPC) and Section 120 (Penalty for causing nuisance and violation of public order) of the Kerala Police Act, 2011 (KP Act).
The accused contended that mere reference that a person has a “nice body structure” could not count as sexually coloured remarks within the ambit of Section 354A(1)(iv) or 509 of the IPC or Section 120(o) of the KP Act.
The HC referred to the judgment in Raveendran V.K v State of Kerala & Another [2024 (5) KHC 22] which says, “if any person causing inconvenience or annoyance through any means of communication, a nuisance of himself to any person by repeated or undesirable or anonymous call, letter, writing, message, e-mail or through a messenger, is an offence. Therefore, in the facts of this case, Section 120(o) of the K.P Act also squarely would apply”.
References
- R. Ramachandran Nair v State of Kerala & Others [2025: KER:356]
- Raveendran V.K v State of Kerala & Another [2024 (5) KHC 22]
