The Kerala High Court has dismissed a criminal miscellaneous case filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of chargesheet and further proceedings against a priest accused of raping a woman on the pretext of marrying her after leaving his priesthood. Justice A. Badharudeen refused to quash the proceedings as prima facie the allegations warranted a trial, and the fact that the complainant previously sought to quash the proceedings did not justify closing the case.

In this matter, it is alleged that the petitioner herein committed offences punishable under Section 376, 376(2)(n) and 342 of the Indian Penal Code (IPC).

The counsel for the petitioner submitted that complaint herself had previously filed a petition seeking the quashment of proceedings against the accused, stating that ''the FIR on the submission that she lodged a complaint on sheer misunderstanding and there was no sexual harassment,''. It was also pointed out that complainant herself posted a public notice/message on social media stating that the entire rumours and defamatory messages associating her and the accused shared through social media were fake and there was no truth in it. Further, it was also submitted that the FIR was registered after a delay of 3 ½ months.

The complainant stated that she was married to a man with whom she had a child, but that was not a legal marriage or a marriage as per religious custom since she married outside her community. The complainant then approached the accused for guidance on holy sacrament and baptism for her child. During this discussion, the accused collected her telephone number. One day, the accused requested she reach the church and directed her to go inside the office room. While she was sitting outside the office room, he brought her to the nearby bedroom, and he locked the room. Then she was subjected to forceful sexual intercourse. At the time of sexual intercourse, the accused assured that he would look after the affairs of the complainant and he would marry her. He also stated that he was ready to give up the priesthood for the said purpose. She believed the assurance, but later the accused deviated from the marriage.

The Court, after considering all arguments, observed that ''it is discernible that the defacto complainant is a lady, who, in fact, not effected any legal marriage…" The court also noted, ''She was given offer of marriage by the accused and on the promise of marriage she was subjected to sexual intercourse and thereafter the accused deviated therefrom.''

Ultimately the Court held, ''it is perceivable that the defacto complainant, who is legally eligible to solemnise marriage as there was no legal marriage at any point of time, was given promise of marriage by the accused after expressing his readiness to give up his Priesthood, after subjecting the defacto complainant to repeated sexual intercourse promising to marry her, retracted from the marriage. Since the relationship continued on the promise of marriage, there is no delay in lodging the FIR. Thus, prima facie, allegations are made out warranting trial of the matter and in such a case, there is no reason to close the proceedings merely on the fact that earlier the defacto complainant filed a petition to quash the crime.''

Thus, the court dismissed the Criminal Miscellaneous Case and refused to quash the criminal proceeding against the accused.

Case Title: FR. Jose Mathai Myladath v. State of Kerala, Crl.M.C./7147/2024

Advocates for Petitioner: P.T. Sheejish, P. Sreeram, Harikiran, A. Abdul Rahman (A-1917), Parvathy S. Manoj, Amrita Safal M., Yoosuf Safwan T. Ajmal

Advocate For Respondent: Public Prosecutor Shri M P Prasanth