Kochi, Mar 22 (PTI) Moral policing involves mental depravity and therefore such cases cannot be quashed on the basis of out-of-court settlements, the Kerala High Court has held.

The ruling by the high court came on a plea by some persons accused of brutally beating up a man for taking a woman of a different community in his car.

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The 10 accused in the case moved the high court for quashing the case and resultant proceedings on the ground that they had settled the matter out of court with the victim-complainant.

Senior public prosecutor Hrithwik C S opposed the plea saying that the accused were doing moral policing. Besides, some of the accused had criminal antecedents, he told the court.

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After hearing both sides, Justice K Haripal was of the view that the case cannot be quashed as, firstly, the trial of the case was going on with several witnesses already examined.

"Secondly, it is a case in which a violent mob was attacking the 2nd respondent (complainant) ostensibly for no reason. The reason shown is that he had removed a lady from another community in the car.

"As rightly suggested by the senior public prosecutor if such a case is allowed to be quashed on the ground of settlement, that would send a wrong message to the public," the judge said.

The high court also noted that, according to the Supreme Court, serious offences such as murder, rape, dacoity or other offences of mental depravity under the Indian Penal Code or offences of moral turpitude under special statutes cannot be considered for quashing on the ground of settlement.

"Following these guidelines, it is certain that petitioners (accused) are not entitled to get the proceedings quashed," it said.

It further observed that it was a case in which a mob, armed with deadly weapons, attacked the complainant on the ground that he had a woman 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 noted.

It also noted that some of the accused were "fugitive criminals having very grave criminal antecedents".

"In the circumstances, the alleged settlement reached with the 2nd respondent (complainant) cannot be reckoned for quashing the proceedings under section 482 of the Criminal Procedure Code," the court said and dismissed the plea moved by the accused.

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