Kerala HC Stays Criminal Proceedings Pending Settlement

The Kerala High Court has granted an interim stay on all criminal proceedings against prominent businessman C.D. Boby, popularly known as Dr. Boby Chemmanur, in connection with a sexual harassment case filed in 2025. Justice Jobin Sebastian issued the order on July 3, 2026, following submissions that the parties involved have reached an amicable settlement.

Background of the Conflict The legal dispute stems from an incident in 2025 when a complaint was lodged against Chemmanur by a Malayalam actress. The prosecution alleged that during the inauguration of a jewelry showroom in Alacode, Kannur, the businessman committed acts of sexual harassment. Specifically, the complainant alleged that Chemmanur touched her without consent and made sexually colored remarks on social media platforms following her refusal to engage in future events, leading to charges under Section 75 of the Bharatiya Nyaya Sanhita and Section 67 of the Information Technology Act.

Following his arrest in January 2025 and subsequent release on bail, the case had been pending trial before the Additional District and Sessions Court (Violence Against Women and Children), Ernakulam.

A Turn Toward Settlement During the hearing on July 3, 2026, counsel for the 2nd respondent (the complainant) informed the Court that an agreement had been reached between the parties. An affidavit confirming this amicable resolution was presented to the bench, signaling a significant shift in the trajectory of the criminal case.

Despite this development, the Court maintained a cautious judicial approach. Justice Jobin Sebastian directed the Public Prosecutor to conduct a thorough verification of the genuineness of the settlement and to report on any existing criminal antecedents of the applicant.

Key Observations The High Court’s order focuses on ensuring the procedural integrity of the settlement before permanently quashing the proceedings. The following extracts capture the Court’s current stance:

  • "The counsel for the 2nd respondent submitted that the matter has been amicably settled between the 2nd respondent and the petitioner. An affidavit to that effect is also seen filed."
  • "The learned Public Prosecutor is directed to ascertain the genuineness of the settlement arrived at between the parties and also the criminal antecedents of the petitioner, if any."
  • "All further proceedings in S.C.No.1154 of 2025 on the files of the learned Additional District and Sessions Court... shall stand stayed till 23.07.2026 ."

Implications and Next Steps The decision to stay the proceedings until July 23, 2026, serves as an interim measure to prevent unnecessary trial expenditure while the veracity of the settlement is examined. This case highlights the judiciary's role in balancing the legal requirements for victim protection with the possibility of dispute resolution in matters where the parties have reconciled.

The outcome of the hearing on July 23 will be pivotal in determining whether the Court will proceed to quash the charges in S.C. No. 1154 of 2025 entirely or if the trial will face further directives.