JOSE MATHAI MYLADATH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of Annexure A2 charge sheet in Crime No.194/2024 of Kalloorkad Police Station and all further proceedings.

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.

(3.) In this matter it is alleged that the petitioner herein committed offences punishable under Sec. 376, 376(2)(n) and 342 of the Indian Penal Code ('IPC' for short). While seeking quashment of the proceedings it is argued by the learned counsel for the petitioner that the petitioner is innocent and the allegations are false. According to the learned counsel for the petitioner, even though crime was registered, the defacto complainant/victim herself filed Crl.M.C.No.4084/2024 to quash the FIR on the submission that she lodged a complaint on sheer misunderstanding and there was no sexual harassment, as alleged. Though later the said Crl.M.C was withdrawn, even according to the defacto complainant none of the offences are made out. It is also pointed out that as per Annexure A5, the defacto complainant herself posted a public notice/message on social media stating that the entire rumours and defamatory messages associating her and the accused shared through social media were fake and there was no truth in it. That apart, FIR was registered after a delay of 3 ' months. According to the learned counsel for the petitioner, for the above reasons, the quashment prayer is liable to succeed.