Moral policing involves mental depravity; crime cannot be quashed on ground of settlement: Kerala High Court

The Kerala High Court recently held that moral policing is an offence which involves mental depravity and such cases cannot be quashed on the ground of settlement between the accused and complainant [Muhammed Nazar & Ors. v State of Kerala]..Justice Haripal made the observation while considering a case in which a violent mob was attacking a man supposedly for the reason that he had had taken a woman belonging to a different community in a car. ."Firstly, as noticed earlier, it was a case in which a mob, armed with deadly weapons were rounding up and assailing (sic) the 2nd respondent on the ground that he had removed (sic) a lady of a different community in a car. In other words, they were doing moral policing. That means this is an offence involving mental depravity. Moreover, brutal attack was unleashed against an unarmed single person and caused him serious injuries," the Court said in its order. .While the Court noted that a settlement had been reached between the accused and the person who was attacked, it declined to quash the proceedings."If such a case is allowed to be quashed on the ground of settlement, that would send a wrong message to the public," the judgement stated. .The Court was considering a plea moved by 10 persons who were accused of committing offences punishable under Sections 143, 147, 148, 341, 323, 324, 506(ii), 308 read with Section 149 of the Indian Penal Code.The allegation was that the accused along with some others formed an unlawful assembly outside a hospital and together threatened, restrained and injured a man who they believed to have a woman from a different community in his vehicle. The trial in the case commenced before the Assistant Sessions Court, Kasaragod, when the accused approached the High Court, through advocate S Siji, to quash the proceedings on the ground that a settlement has been arrived at.The man who was attacked attested to the fact that a settlement had been reached. Even though the Senior Public Prosecutor Sanal TR confirmed the settlement, he opposed quashing of the proceedings and argued that the accused were virtually engaging in moral policing. .The Court referred to the judgement of the Supreme Court in Gian Singh v State of Punjab & Ors. in which it said that while considering application for quashing proceedings on the ground of settlement, invoking jurisdiction under Section 482 of the Code of Criminal Procedure, securing the ends of justice is the goal. The top court had also said that serious offences like murder, rape, dacoity, etc, or other offences of mental depravity under the IPC or offences of moral turpitude under special statutes are saved from being considered for quashing on the ground of settlement. The High Court opined that moral policing can be considered as an offence of mental depravity and declined to quash the case against the accused. .[Read Order]