The Kerala High Court has quashed a 2018 sexual harassment FIR after finding that the investigation had remained at a standstill for years, holding that an inordinate delay in investigation and trial that is not attributable to the accused can amount to a violation of Article 21 of the Constitution. The order, by Justice Jobin Sebastian, was passed on October 15, 2026, and is cited as 2026 LiveLaw (Ker) 592.
Source: LiveLaw
The case, Mohammed Shameer Ali v. State of Kerala and Others, concerned Crime No. 1104/2018 of Paravoor Police Station in Kollam district, registered under Sections 354 and 354A of the Indian Penal Code. The allegations — that the petitioner befriended the complainant on Facebook, invited her to Dubai and there subjected her to sexual assault and outraged her modesty — are allegations recorded in the FIR; they were never tested at trial, the court did not examine them on merits, and the petitioner is presumed innocent.
Source: LawChakra
An investigation frozen since 2019
After the crime was registered in 2018, the investigating officer issued notices asking the complainant to appear for recording her statement before the police and the magistrate, but she did not respond or cooperate, the court recorded. On June 29, 2019, the police filed an undetected report before the jurisdictional magistrate, and the investigation made no progress thereafter. The petitioner argued that the continued pendency of the FIR would seriously prejudice him and affect his future prospects, including job opportunities.
Source: LiveLaw
The court held that the mere filing of an undetected report does not by itself give an accused a right to have an FIR quashed, since such a report is not a final report and the investigation is treated as continuing. Delay by itself, it said, is not a ground to quash criminal proceedings. But where the delay is inordinate, is not attributable to the accused, and compelling and exceptional circumstances exist, quashing can be warranted — after a balancing exercise weighing the nature and gravity of the alleged offence, the reasons for the delay, the conduct of the parties and the actual prejudice caused to the accused.
Source: LawChakra
Applying that test, the bench noted that the investigation had reached a standstill in 2019 mainly because of the complainant's non-cooperation, and that continuing the FIR would cause prejudice to the petitioner. The plea was allowed and the FIR quashed. An amicus curiae assisted the court in the matter.