AJU VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C is preferred by the sole accused in Crime No.1385 of 2017 of Kalamassery Police Station for offence punishable under section 228A of the Indian Penal Code.

(2.) The factual matrix leading to the present case lies in a very narrow compass. According to the petitioner herein, he is an artist in the Malayalam film industry. The third respondent is a well known cine actress in the same industry. According to the prosecution, in February 2017, while the third respondent was proceeding to Ernakulam in her car, she was sexually assaulted by a group of persons in the vehicle, which led to the registration of Crime No.297 of 2017 of the Nedumbassery Police Station for offences punishable under sections 342, 366, 376, 506(i), 120(b) r/w 34 of the Indian Penal Code and 66E and 67A of IT Act. Petitioner posted a comment in his facebook account, inter alia, deprecating the act towards the actress and commenting that, it was a heinous act. He had disclosed the name of the victim in the above post. According to the petitioner, immediately on getting information that disclosing the identity of the victim was against the law, he immediately tendered an apology and removed her name from the post. He also tendered an apology to the third respondent, it is claimed. In the meanwhile, the second respondent herein who allegedly had occasion to see the facebook post filed a complaint before the Kalamassery Police Station alleging commission of offence punishable under section 228A of the IPC. It led to the registration of the present crime. After investigation, final report was laid and is now pending as C.C.No.1297 of 2017, before the Judicial First Class Magistrate Court, Kalamassery.

(3.) Petitioner has approached this Court contending that, he was not well versed with law and being an ordinary human being, who succumb to human frailties, and in his anxiety to support his associate, had inadvertently mentioned her name. He also claimed that he had immediately removed the name from the facebook and also apologized to the victim, who gracefully accepted it. She has sworn an affidavit produced as Annexure-A4, affirming that the petitioner herein is her associate, had been a good friend of her over a long period of time and without any malafide intention, he had published her name in the official facebook. She has stated that, she has no objection in quashing the criminal proceedings in Crime No.1385 of 2017 of Kalamassery Police Station resulting in final report and the proceedings in C.C.No.1297 of 2017.