Existence Of Complaint Can't Be Used By Police To Compel Settlement Under Guise Of Inquiry: Kerala High Court

Justice Bechu Kurian Thomas was considering a petition alleging harassment by the police by compelling the appearance of the petitioner before the police without any basis.

The Government Pleader submitted that a complaint had been received by the Superintendent of Police from one Khadeeja and the petitioner was contacted as part of the inquiry.

The Court thus noted that since the petitioners were contacted by the police pursuant to a complaint, the action of the police officer cannot be categorized as harassment and directed the petitioner to participate in the inquiry.

The Counsel for the petitioner had also submitted that the petitioners apprehend that they will be threatened and compelled to arrive at a settlement with the complainant.

At this juncture, the Court observed that the existence of complaint cannot be used to compel the opposite parties to settle or abide by any demands.

“The existence of a complaint cannot be used by the police to compel the opposite parties to settle or abide by any demands of the complainant, such action or conduct cannot be resorted to under the guise of any inquiry.” the Court said.

With these observations, the Court closed the writ petition.

Case Title: Mubina Muhamed K.M and Ors. v State of Kerala and Ors.

Case No: WP(C) 18607/ 2026

Citation: 2026 LiveLaw (Ker) 410

Counsel for Petitioners: K.I. Abdul Rasheed, Deepa Sasidharan

Counsel for Respondents: Laya Mary Joseph (GP)