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ARJUN K.MATHEW, v. STATE OF KERALA

Kerala High Court
Jul 1, 2024
Smart Summary (Beta)

Factual and Procedural Background

This Criminal Miscellaneous Case was filed under Section 482 of the Code of Criminal Procedure by the 2nd accused, Arjun K. Mathew, seeking to quash the FIR (Annexure A1) in Crime No. 484/2019 registered at Erattupetta Police Station, Kottayam. The petitioner contended that the offence under Section 228A of the Indian Penal Code (IPC) would not apply to him, arguing that disclosure of the victim's identity in cases under Sections 376A to 376E IPC is essential to attract Section 228A. The FIR alleged that the 1st accused, intending to outrage the modesty of the defacto complainant (a friend of the 1st accused), videographed private photos and videos of the complainant and sent them to her, threatening to forward them to others. The specific allegation against the 2nd accused (petitioner) was that he shared these videos in collusion with the 1st accused.

The investigating officer's written statement indicated that the petitioner was involved in Crime No. 484/2019, although not involved in Crime No. 892/2019, which concerned offences under Sections 376, 376A to 376E, 506 IPC, and Section 67A of the IT Act allegedly committed by the 1st accused. The court examined the case diary and disputed materials and found the prosecution's allegation of publication of private photographs to be established. However, the prosecution did not allege that the petitioner committed the offence under Section 228A IPC.

The investigation was completed and a final report was filed alleging offences punishable under Sections 354A, 506(1) read with Section 34 of the IPC and Section 67A of the IT Act against both accused. The petitioner’s plea to quash the FIR and final report was thus considered by the court.

Legal Issues Presented

  1. Whether the offence punishable under Section 228A of the IPC applies to the petitioner, given the requirement of disclosure of the victim's identity in cases under Sections 376A to 376E IPC.
  2. Whether the FIR and the subsequent final report in Crime No. 484/2019 can be quashed against the petitioner based on the prosecution’s allegations and investigation materials.

Arguments of the Parties

Petitioner’s Arguments

  • The petitioner argued that the offence under Section 228A IPC does not attract against him because the disclosure of the victim’s identity, as required in cases under Sections 376A to 376E IPC, was not made.
  • The petitioner’s counsel sought to prove the accused’s innocence regarding the offence punishable under Section 228A IPC.

Prosecution’s Position

  • The prosecution, through the investigating officer’s written statement, stated that the petitioner was involved in Crime No. 484/2019, although not involved in Crime No. 892/2019 concerning offences under Sections 376, 376A to 376E, 506 IPC, and Section 67A of the IT Act.
  • The prosecution alleged offences punishable under Sections 354A, 506(1) r/w Section 34 IPC and Section 67A of the IT Act against both accused in the final report.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court reviewed the case diary and the disputed photographs and videos. It found that the prosecution’s allegation regarding the publication of the private photographs of the defacto complainant was fully established. However, the prosecution did not allege that the petitioner committed the offence under Section 228A IPC. The investigation concluded with a final report alleging offences under Sections 354A, 506(1) read with Section 34 IPC and Section 67A of the IT Act against both accused. Given the prosecution materials indicating the petitioner’s involvement in the crime, the court held that quashing the FIR and final report was not warranted. Thus, the petitioner’s contention was rejected.

Holding and Implications

The petition to quash the FIR and final report is dismissed.

The direct effect of this decision is that the criminal proceedings against the petitioner in Crime No. 484/2019 will continue. No new precedent or broader legal principle was established by this order. The Registry is directed to forward a copy of this order to the trial court for information and further action.

Show all summary ...

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE A. BADHARUDEEN

MONDAY, THE 1ST DAY OF JULY 2024 / 10TH ASHADHA, 1946

CRL.MC NO. 3480 OF 2019

CRIME NO.484/2019 OF Erattupettah Police Station, Kottayam

AGAINST THE ORDER/JUDGMENT DATED IN CRMP NO.1075 OF 2019 OF DISTRICT COURT & SESSIONS COURT,KOTTAYAM PETITIONER/2ND ACCUSED:

ARJUN K.MATHEW,

AGED 30 YEARS

KAYYALATH HOUSE, ERATTUPETTA P.O., KOTTAYAM,

NOW WORKING AT QID28835663320, DOHA, QATAR.

BY ADVS.

M.SANTHI (K/868/2011)

SRI.G.RANJU MOHAN

RESPONDENTS/COMPLAINANT:

1 STATE OF KERALA,

REPRESENTED BY PUBLIC PROSECUTOR,

HIGH COURT OF KERALA, ERNAKULAM-682 031.

2 MRS X

ADDITIONAL R2, IMPLEADED AS ADDITIONAL R2 IN

CRL.M.C., VIDE ORDER DATED 24.05.2019 IN

CRL.M.S NO.2/2019.

BY ADVS.

SRI.SURESH BABU THOMAS

ADDL.DIRECTOR GENERAL OF PROSECUTION

GOVERNMENT PLEADER

NIMA JACOB, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR

ADMISSION ON 01.07.2024, THE COURT ON THE SAME DAY

PASSED THE FOLLOWING:

1

: 2 :

ORDER

Dated this the 1st day of July, 2024

This Criminal M.C. has been filed under Section 482 of the Code of Criminal Procedure, by the 2ndaccused, to quash Annexure.A1 FIR in Crime No. 484/2019 of Erattupetta Police Station, Kottayam District, on the ground that the offence punishable under Section 228A of the IPC will not attract against the petitioner, since the disclosure of the identity of the victim in cases coming under Sections 376A to 376E of the IPC is essential to attract the offence under Section 228A.

2. The prosecution allegation as per the FIR is that, the 1staccused with intention to outrage the modesty of the defacto complainant, who is the friend of the 1staccused, video graphed the private photos and videos of the defacto complainant and forwarded the same to the defacto complainant on 14.03.2019. Further allegations is that the 1st accused threatened the defacto complainant stating that those videos and photographs would be forwarded to others. The specific allegation against the petitioner/2nd accused is that

: 3 :

he shared the above videos of the defacto complainant after joining hands with the 1staccused.

3. Though, the learned counsel for the petitioner reiterated the contentions to prove the innocence of the accused for the offence punishable under Section 228A of the IPC, as per the written statement filed by the investigating officer, it has been stated that the petitioner herein and the 2ndaccused is also involved in Crime No. 484/2019 of Erattupetta Police Station though he did not involve in crime No. 892/2019 where the prosecution alleges commission of offences under punishable under Sections 376, 376A to 376E, 506 and 506(1) of IPC as well as under Section 67A of the IT Act, by the 1staccused herein.

4. I have gone through the pages of the case diary including the disputed photos and videos, form part of the case diary. On a bare perusal of the same, it would be seen that the allegation of the prosecution as to publication of the private photographs of the defacto complainant is fully made out. The prosecution has no case that the petitioner

: 4 :

committed offence under Section 228A of the IPC and as per the report and the recitals in the case diary, now the investigation has been completed and final report filed alleging commission of offences punishable under Sections 354A, 506(1) r/w Section 34 of IPC as well as under Section 67A of the IT Act, by both accused. Thus, the prosecution materials would show that the petitioner also involved in this crime and therefore quashment of the FIR as well as the final report could not be considered. In view of the matter, this petition fails and the same is dismissed.

Registry is directed to forward a copy of this order to the trial court, within three days, for information and further steps.

Sd/-

A. BADHARUDEEN

SCB

JUDGE

: 5 :

APPENDIX OF CRL.MC 3480/2019

PETITIONER ANNEXURES

ANNEXURE A1 CERTIFIED COPY OF THE FIR DATED

17.03.2019 IN CRIME NO.484 OF 2019 POLICE

STATION.

ANNEXURE A2 TRUE COPY OF THE ORDER OF COURT OF

SESSIONS, KOTTAYAM DIVISION DATED

8.5.2019.