9911796707
TMI Blog1999 (2) TMI 719X X X X Extracts X X X X X X X X Extracts X X X X ..... the same order of the High Court of Kerala. By the impugned Judgment and Order dated 4th November, 1997 the Division Bench of Kerala High Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India has quashed the criminal proceedings as against five of the accused persons namely Shri O.C. Kuttan, Shri G. Mohanan, Shri S. Suresh Kaimal, Shri Tony Antony and Shri K.C. Peter, on coming to a conclusion that the uncontroverted allegations made in the F.I.R. and other statements do not constitute the offence of rape. 3. On 23.7.96, Seena gave a vivid account as to how she was being exploited and sexually harassed by large number of accused persons under threat, coercion, force, allurement and on the bas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... leading immoral life and further she was not put to force of death or hurt or her consent was obtained by putting her in fear of death or hurt and on the other hand it is she, who exercised her discretion to have sex with those persons whom she liked or got money and willingly submitted herself to the sexual activities and, therefore this is a fit case where the High Court would be justified in quashing the criminal proceedings as against those who have approached the court. 4. Mr. Ramachandran, learned Senior Counsel, appearing for the State of Kerala and Ms. Indira Jaisingh, appearing for the Kerala Women's Commission, vehemently argued that in view of the graphic statements of the lady herself, the High Court committed serious err ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... According to Mr. Lalit, a bare look at the statements made by Seena would make it explicitly clear that these respondents had not even been named in the earliest statement dated 23rd of July, 1996 on the basis of which the case was registered but in course of investigation, she has been examined on 24.8.96 and 25.8.96 wherein she has added the names of several persons including the present respondents which would suggest that the additions of names of persons are nothing but an after-thought made after due deliberations and several people have been unnecessarily added and have been subjected to harassment. Mr. Lalit also further urged that the statements of the lady would further indicate that there was no force, no coercion, no fear of lif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . In the case of State of Haryana and Ors. v. Bhajan Lal and Ors. 1992CriLJ527 , this Court considered the question as to when the High Court can quash a criminal proceeding in exercise of its powers under Section 482 of the CrPC or under Article 226 of the Constitution of India and had indicated some instances by way of illustrations, though on facts it was held that the High Court was not justified in quashing the first information report. This Court held that such powers could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w was reiterated by yet another three Judges Bench of this Court in the case of Rashmi Kumar v. Mahesh Kumar Bhada (1997)2SCC397 , where this Court sounded a word of caution and stated that such power should be sparingly and cautiously exercised only when the court is of the opinion that otherwise there will be gross miscarriage of justice. The court had also observed that social stability and order is required to be regulated by proceeding against the offender as it is an offence against the society as a whole. Bearing in mind the parameters laid down in the aforesaid judgments and on a thorough scrutiny of the statement of Seena dated 23rd of July, 1986, which was treated as an F.I.R. and on the basis of which criminal case was registered ..... X X X X Extracts X X X X X X X X Extracts X X X X
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