Kerala High Court: Decision to dismiss Moral Policing Cases on Settlement sends wrong message to Public

High Court of Kerala Antiques fraud Investigation

Khushi Doshi

Published On: March 23, 2022, at 12:55 IST

The Kerala High Court has held that Moral Policing is a crime including Mental depravity and that such Cases cannot be dismissed because of a settlement between the accused and the complainant.

Justice K. Haripal was hearing a Case in which a violent crowd attacked an unarmed man for transporting a woman from a different group in his car.

Despite being told that the parties had reached an agreement, the Court rejected to dismiss the proceedings, stating,

“It would send the incorrect message to the public if such a case were permitted to be quashed on the basis of settlement.”

Ten people suspected of crimes offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii), 308 r/w Section 149 of the Indian Penal Code submitted the plea via Advocate S Jiji.

The Prosecution Case alleged that the accused established an unlawful assembly outside a hospital and, in pursuit of their shared goal, intimidated, confined, and harmed the de facto complainant only because they suspected him of transporting a lady from a different neighbourhood.

While confirming the settlement, Senior Public Prosecutor Sanal T.R opposed to quashing the proceedings, claiming that the accused were engaging in moral policing.

As a result, the Judge declined to dismiss the case against the accused, saying that moral policing is a mental depravity offence.

Also read:

What is Moral Policing?

Power of High Courts to Make Rules

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