Kerala High Court
Paulose Xavier vs State Of Kerala on 6 August, 2025
2025:KER:58857
Crl.M.C.No.4375/2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
CRL.MC NO. 4375 OF 2025
CRIME NO.2126/2023 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1985 OF 2023 OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCUSED:
PAULOSE XAVIER
AGED 75 YEARS
S/O PAULOSE, NILA HOUSE, MANIKATH ROAD, KOCHI, PIN -
682016
BY ADVS.
SHRI.SASI M.R.
SMT.N.P.SILPA
SMT.KAVYA KRISHNAN
SMT.DHARMYA M.S
SHRI.S.SAJIT SANAL
RESPONDENT/STATE/INVESTIGATING OFFICER & DE FACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
PIN - 682031
2 STATION HOUSE OFFICER
ERNAKULAM TOWN SOUTH POLICE STATION, ERNAKULAM
DISTRICT, PIN - 682015
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3 MANASA T K
AGED 20 YEARS
D/O RAMAKRISHNAN, THATTANIKUZHIYIL HOUSE,
EDATHILUMUKKU, MEPPIYOOR VILLAGE, KOZHIKODE, PIN -
673305
OTHER PRESENT:
SRI SUDHEER G., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.08.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
The petitioner is the accused in C.C.No.1985 of 2023 on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, which arose out of Crime No.2126/2023 of Ernakulam Town South Police Station, Ernakulam. The offence alleged against him is under Section 354 of the Indian Penal Code, 1860.
2. The prosecution case is that on 15.09.2023 and 16.09.2023, the petitioner outraged the modesty of the de facto complainant and her friend (CW3), who were residing in the upper floor of the house of the petitioner as tenants. It is alleged that the petitioner had pushed aside CW3 by her breast at about 6.00 a.m on 15.09.2023, when they came to the residence of the petitioner to sort out the issue regarding accommodating one of their friends as a tenant in the building belonging to the petitioner, where they had been residing. Thereafter, on 16.09.2023, the petitioner allegedly pushed aside 2025:KER:58857 Crl.M.C.No.4375/2025 4 the de facto complainant, by her lower abdomen, when they came to his residence for having discussions on the issue relating to the tenancy. The case has been registered on the basis of the First Information Statement given by the de facto complainant to the Sub Inspector of Police of Ernakulam Town South Police Station on 17.09.2023.
3. After the completion of investigation, the Sub Inspector of Police of Ernakulam Town South Police Station, filed the Final Report alleging the commission of offence under Section 354 of the IPC by the petitioner.
4. In the present petition, the petitioner would contend that he is totally innocent, and that he has been falsely implicated in this case.
5. According to the petitioner, a false case has been foisted against him, since he objected to the unwarranted activities of the de facto complainant and her friends in the tenanted premises.
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6. Heard the learned counsel for the petitioner, and the learned Public Prosecutor representing the State of Kerala.
7. As already stated above, two incidents are projected in the First Information Statement given by the de facto complainant with regard to the alleged act of the petitioner, outraging the modesty of the de facto complainant and another girl. In the first incident, the petitioner allegedly pushed CW3 by her breast, when they came for a discussion with him and his wife, with regard to the accommodation to be provided to another girl in the rented building. In the second incident, the petitioner allegedly pushed aside the de facto complainant by touching her stomach, when she, along with her friends, came to the residence of the petitioner on 16.09.2023, for talks towards sorting out the issues relating to the tenancy.
8. With regard to both these incidents, the allegation is that the petitioner committed those acts under the heat of anger. So also, both these incidents are said to have happened in the 2025:KER:58857 Crl.M.C.No.4375/2025 6 presence of the wife of the petitioner. It is not possible to discern from the First Information Statement, or the other statements given by the friends of the de facto complainant that the petitioner committed the aforesaid acts with the intention to outrage the modesty of those girls. So also, it is not possible to say that he was having the knowledge that the aforesaid act of pushing aside those girls would amount to outraging their modesty. It seems that this crime is the offshoot of the tenancy issues relating to the accommodation provided to the de facto complainant and her friends in the first floor of the house of the petitioner.
9. It is not possible to say, on the basis of the available prosecution records, that the petitioner committed the alleged acts with the intention to outrage the modesty of the de facto complainant and her friend or with the knowledge that the alleged acts would amount to outraging their modesty.
10. In that view of the matter, the continuation of the 2025:KER:58857 Crl.M.C.No.4375/2025 7 prosecution against the petitioner, in connection with the commission of offence under Section 354 IPC, can only be termed as an abuse of process of the court. That being so, the prayer in this petition to quash the proceedings against the petitioner, is fully justified.
In the result, the petition stands allowed. The proceedings against the petitioner/accused in C.C.No.1985 of 2023 on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam, which arose out of Crime No.2126/2023 of Ernakulam Town South Police Station, Ernakulam, are hereby quashed.
sd/ G.GIRISH JUDGE jm/ 2025:KER:58857 Crl.M.C.No.4375/2025 8 APPENDIX OF CRL.MC 4375/2025 PETITIONER ANNEXURES Annexure A2 ACCUSED COPY OF THE FINAL REPORT DATED 16.09.2023 IN C.C. NO. 1985/2023 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (EO), ERNAKULAM Annexure A3 A TRUE COPY OF THE RENT AGREEMENT DATED 06/06/2023 Annexure A4 A TRUE COPY OF THE DISCHARGE SUMMARY FROM MEDICAL TRUST HOSPITAL DATED 01/07/2010 Annexure A5 A TRUE COPY OF PRESCRIPTION CHIT DATED 02/02/2023 FROM LAKSHMI HOSPITAL, ERNAKULAM