Husband slapping wife in public will not attract offence of outraging woman's modesty under Section 354 IPC: Jammu & Kashmir High Court

The High Court of Jammu and Kashmir and Ladakh recently quashed the issuance of process by a trial court against a man for the commission of the offence under Section 354 (assault or criminal force to woman with intent to outrage her modesty) of the Indian Penal Code (IPC) for allegedly slapping his wife in public [Mehboob Ali v. Nisar Fatima]..Justice Rajnesh Oswal observed that the no offence was made out under Section 354, IPC on account of the man allegedly slapping his wife in public. However, the Court said that an offence under Section 323 of IPC for voluntarily causing hurt could be attracted. ."From the averments made in the complaint, no offence under Section 354 IPC is made out but offence under Section 323 IPC is made out as the respondent has categorically stated that she was thrashed and slapped in public gaze by the petitioner when she had come to attend the proceedings," the Court's order said. .The Court was hearing a plea by the husband challenging issuance of process by the trial Court on a complaint filed by his wife for offences under Sections 354 and 323 of the IPC.The husband and wife had certain matrimonial disputes pending between the two. The wife claimed that when she had arrived at the family court to attending a hearing in a matrimonial dispute, she was publicly slapped and injured by her estranged husband. .The complaint filed against the husband over this incident cited charges under Sections 323 and 354 of the IPC. A trial court eventually issued process against the husband in connection with this case, which he challenged before the High Court..The trial court proceedings were challenged on the ground that the trial court could not have issued the process for commission of an offence under Section 354 of IPC when the allegations mentioned in the complaint did not make out a case for invoking this provision..The counsel for the wife also conceded that the offence under Section 354 IPC was not made out, but added that the offence under Section 323 IPC remained applicable..The High Court agreed with the submission and quashed the case under Section 354, IPC while upholding the issuance of process under Section 323 IPC."This Court is of the considered view that order dated 30-03-2022, so far as issuance of process for commission of offence under Section 354 IPC is considered, the same is not sustainable in the eyes of law and, accordingly, the same is quashed whereas the order to the extent of issuance of process under Section 323 IPC is upheld," the order said. .Advocate Umar Mir appeared for the petitioner-husband.Advocate Showkat Ali Khan appeared for the respondent-wife..[Read Order]