Criminal Proceedings Cannot Be Used as Instruments of Harassment: Kerala High Court Emphasizes Misuse of Judicial Process

High Court quashes rape and cheating allegations against Sakeer, citing lack of evidence and financial dispute.

In a significant ruling, the Kerala High Court quashed the criminal proceedings against Sakeer, who faced allegations of rape, cheating, and criminal intimidation. The decision, rendered by Justice A. Badharudeen, underscored the lack of substantial evidence and the misuse of judicial process in the backdrop of financial disputes. This ruling reaffirms the court’s stance on the misuse of criminal law for settling personal scores.

The petitioner, Sakeer, aged 47, was accused of committing rape, cheating, and criminal intimidation under Sections 376(2)(n), 420, and 506 of the IPC. The prosecution alleged that Sakeer, under the pretense of marrying the de facto complainant, engaged in sexual relations and borrowed money from her. Subsequently, he reneged on his promise to marry and repay the borrowed amount, leading to the registration of the crime by the Aluva West Police Station in Ernakulam.

The High Court noted that the allegations stemmed from financial transactions between the accused and the complainant. The relationship, described as consensual, was intertwined with monetary dealings, as evidenced by an agreement where the accused promised to sell his property to settle the debt. “The promise to marry by a married man, having wife and children, does not substantiate the charge of rape under dubious circumstances,” Justice Badharudeen observed.

The court stressed that criminal proceedings should not be used to settle personal grudges, especially in financial disputes. “Judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of oppression or harassment,” the judgment stated, echoing principles from precedents like Vineet Kumar v. State of U.P. and Mahmood Ali v. State of U.P.

Justice Badharudeen reiterated the inherent powers of the High Court under Section 482 Cr.P.C. to quash proceedings that are malicious or lack substantial evidence. “In cases where the proceedings are manifestly attended with mala fides and instituted with ulterior motives, the court must exercise its jurisdiction to prevent misuse of judicial process,” the judgment emphasized.

The Kerala High Court’s decision to quash the proceedings in S.C.No.1207/2023 underscores the judiciary’s role in preventing the abuse of criminal law for personal vendettas. By highlighting the lack of credible evidence and the consensual nature of the relationship, the court has set a precedent against the misuse of rape allegations in financial disputes. This ruling is expected to influence future cases, ensuring that criminal law is not exploited for ulterior motives.

Date of Decision: 24 June 2024