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2026 Supreme(Online)(Ker) 5584

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
STENY. – Appellant
Versus
STATE OF KERALA. – Respondent
CRL.MC NO. 5017 OF 2024



Advocates:
For the Appellants/Petitioners: SMT.BINDUMOL JOSEPH, SHRI.RIYAS M.B.
For the Respondents: SRI.T.I.UNNIRAJA, SRI.S.G.SREEKANTH, SRI.S.BADUSHA, SHRI.FAHEEM AHSAN.S, SHRI.VAIDERSH H.S., SHRI.R.S.VISRUTH SR. PP - SRI. BREEZ M.S.

The court found that the allegations of stalking lacked substantial evidence, leading to quashing of the proceedings against the petitioner.

Headnote:This order, based on Section 354-D IPC, addresses allegations of stalking. It refers to the history of acquaintance between the petitioner and the de facto complainant since October 2021 and emphasizes inconsistencies in the complainant's statements. The court concludes that the allegations do not support the charge under criminal law. The petition is allowed, quashing all proceedings against the petitioner.

Table of Content
1. issue of stalking under ipc (Para 1 , 2 , 3)
2. relationship dynamics (Para 4 , 5 , 6)
3. quashing of proceedings (Para 7 , 8)

O R D E R

(Dated this the 29th day of January, 2026)

The petitioner is the accused in C.C No.1736 of 2023 of Judicial First Class Magistrate Court-I, Chalakudy, arising out of Crime No.139 of 2023 of Mala Police Station. The offence alleged against the petitioner after the final report is under Section

354-D IPC .

2. The prosecution case is that, since October 2021, inspite of expressing her unwillingness, the accused allegedly followed the de facto complainant over social media, secretly, and tried to contact her and thereby, he is alleged to have committed the aforesaid offence.

3. According to the learned counsel for the petitioner, the petitioner and the de facto complainant were thick friends and at that time, they had contact with each other over social media and that this is a false case foisted against him when the relationship between them got strained. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned counsel for the de facto complainant/2nd respondent as well as by the learned Public Prosecutor.

5. As per the prosecution case, the petitioner contacted the de facto complainant over social media after October 2021 inspite of expressing her disinterest. However, from the statement given by the de facto complainant to the Investigating Officer itself, it is revealed that, even after October 2021, she had chatting with the petitioner.

6. According to the learned counsel for the 2nd respondent/ de facto complainant, such chatting was made only under compulsion made by the petitioner. It is true that in the statement given to the Investigating Officer, she says that she continued chatting with the petitioner due to compulsion made by the petitioner.

7. The claim of the de facto complainant that, she continued to chat with the petitioner due to the compulsion made by the petitioner cannot be believed.

8. Considering the fact that the petitioner and the de facto complainant were thick friends and thereafter, their relationship strained, and it is revealed that, even after October 2021, they had chatting with each other over social media, the offence alleged against the petitioner under Section 354-D IPC will not stand. Therefore, no useful purpose will be served in continuing the proceedings against the petitioner and, as such, this Crl.M.C is liable to be allowed.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in C.C No.1736 of 2023 of Judicial First Class Magistrate Court-I, Chalakudy, arising out of Crime No.139 of 2023 of Mala Police Station, is quashed under Section 482 of Code of Criminal Procedure .

Sd/-

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