KOCHI: The Kerala High Court has quashed the criminal case against film director Sreekumar Menon based on a complaint filed by actor Manju Warrier.
According to a complaint filed by Manju Warrier, she established a charitable foundation and had enlisted Menon's "PUSH", an ad-agency to coordinate the activities of her foundation. She also alleged that the 'Odiyan' director threatened and harassed her through social media. Later at the time of the release and promotion of the movie, the accused engaged in defaming her. She also alleged that at the shooting site, Menon used to talk to her indecently and mentally harassed her.
The complainant further said that she also acted in some advertisements in association with "PUSH." An agreement was executed with "PUSH" in 2013, but later it was terminated in 2017 on account of differences developed between her and the petitioner. Till then, commission as per the agreement was being paid to Sreekumar Menon.
According to Manju, the petitioner was making efforts to ruin her goodwill and to harass her associates. She had entrusted several signed blank papers and letterheads to the petitioner when the agreement between them was in force. She apprehended that the petitioner may misuse them.
Based on a complaint filed by Manju Warrier, the police registered a case against Sreekumar Menon under Sections 354D (stalking) and 509 (Word, gesture or act intended to insult the modesty of a woman), 294(b) (Obscene acts and songs) of the Indian Penal Code and under Section 120(o) of Kerala Police Act.
While hearing the petition filed by Sreekumar Menon, Justice S Manu held that the offences against the petitioner were unsustainable.
The court's order stated that Manju Warrier did not appear before the court in this case even after intimation through the police.
Regarding the allegation of stalking, the court clarified that following a woman with the intent to abuse or threaten her does not fall within the scope of the penal provision. Therefore, the offence under Section 354D does not apply in this case. "Considering the issues between the petitioner and Manju Warrier, it cannot be concluded that the petitioner committed any actions that would fall within the true scope of the offense under Section 354D," the court stated.
Manju Warrier alleged that on December 9, 2018, the petitioner used an abusive Malayalam term and insulted her during their encounter at Dubai Airport.
With regard to the allegation raised by Manju Warrier regarding outraging modesty, the court said that there was a delay of more than ten months in raising the complaint.
The court also noted that since the offense occurred outside India, the sanction of the central government had not been obtained. Therefore, the court stated that this offense is also unsustainable against the petitioner.