Joseph Olakkengil v. State of Kerala 

The Cyber Blog IndiaCase Summary

Quashing of FIR in a case involving an offence committed outside India by a foreign citizen

Joseph Olakkengil v. State of Kerala
In the High Court of Kerala
Crl. MC 3077/2021
Before Justice Shircy V.
Decided on February 14, 2022

Relevancy of the case: Quashing of FIR in a case involving an offence committed outside India by a foreign citizen

Statutes and Provisions Involved

  • The Information Technology Act, 2000 (Section 2(1)(k))
  • The Code of Criminal Procedure (Section 188, 482)
  • The Indian Penal Code, 1860 (Sections 376(2)(n), 506)

Relevant Facts of the Case

  • The complainant, a trainee Cardiothoracic surgeon in London, entered into a relationship with the petitioner. The petitioner initially proposed marriage but subsequently avoided her after a sexual relationship resulted in pregnancy.
  • The petitioner’s false promises and mistreatment eventually led to a registered case against him for exploiting her, cheating and ill-treatment.
  • Moreover, the records would show that a British citizen committed the alleged offence outside the territory of India.

Prominent Arguments by the Advocates 

  • The police registered the FIR while overlooking the legal prohibition against registering a case against a foreign citizen when the alleged offence is committed beyond the territory of India, as argued by the petitioner’s counsel. The petitioner’s counsel further submits that the petitioner is a British citizen and that the entire relationship took place in the UK and, hence would not be under Indian jurisdiction.

Opinion of the Bench

  • Section 4 of the Indian Penal Code, 1860 would not be applicable as the petitioner is not an Indian citizen. He has voluntarily given up on Indian citizenship. The bench altogether accepted the petitioner’s contentions.

Final Decision

  • The bench allowed the petition and quashed the FIR.

Parul Anand, an undergraduate student at the National Law University, Jodhpur, prepared this case summary during her internship with The Cyber Blog India in May/June 2022.