Kerala High Court Grants Interim Stay
The Kerala High Court Boby Chemmanur stay order has temporarily halted the trial against businessman C.D. Boby @ Dr. Boby Chemmanur in a sexual harassment case after the de facto complainant informed the Court that both sides had reached an amicable settlement. Before considering the plea to quash the criminal proceedings, the Court directed the Public Prosecutor to verify the authenticity of the settlement and examine whether the petitioner has any criminal antecedents.
Justice Jobin Sebastian passed the interim order on July 3, 2026, in Crl.M.C. No. 977 of 2026 and Crl.M.A. No. 1 of 2026. The petition arises from Crime No. 31/2025 registered at Ernakulam Central Police Station. The matter is currently pending as S.C. No. 1154/2025 before the Additional District and Sessions Court (Violence Against Women and Children), Ernakulam.
Background of the Petition
C.D. Boby @ Dr. Boby Chemmanur, aged 60, approached the High Court by filing a petition under Section 482 of the Code of Criminal Procedure/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, as applicable. Through the petition, he sought to quash the criminal proceedings pending against him.
He also filed Crl.M.A. No. 1 of 2026, requesting an interim stay on all further proceedings arising from Annexure A1 FIR and Annexure A2 final report in Crime No. 31/2025 of Ernakulam Central Police Station. The police had already filed the charge sheet, and the matter is pending as Sessions Case No. 1154 of 2025 before the designated court handling cases involving atrocities and sexual violence against women and children.
Appearance of the Parties
Advocate M.R. Dhanil appeared for the petitioner.
Advocates Zakeer Hussain, K.A. Sanjeetha, and Lovewin Vinu represented the second respondent. The Public Prosecutor appeared on behalf of the State of Kerala.
Settlement Placed Before the Court
During the hearing, counsel for the second respondent informed the Court that the complainant and the petitioner had settled the dispute amicably.
The Court also noted that the second respondent had filed an affidavit supporting the settlement.
Instead of deciding the quashing petition immediately, Justice Jobin Sebastian decided to verify the compromise before taking any further steps.
Court Orders Verification
The High Court directed the Public Prosecutor to verify whether the settlement between the parties is genuine.
The Court also instructed the prosecution to examine whether the petitioner has any criminal antecedents before the matter proceeds further.
Justice Jobin Sebastian observed:
“Hence, the learned Public Prosecutor is directed to ascertain the genuineness of the settlement arrived at between the parties and also the criminal antecedents of the petitioner, if any.”
Interim Stay on Sessions Trial
Pending verification, the Court granted interim protection to the petitioner.
The Kerala High Court Boby Chemmanur stay order directs that all proceedings in S.C. No. 1154 of 2025 before the Additional District and Sessions Court (for the trial of cases relating to Atrocities and Sexual Violence against Women and Children), Ernakulam, will remain stayed until July 23, 2026.
The High Court also posted the Criminal Miscellaneous Case for hearing on July 23, 2026. On that date, the Court will consider the Public Prosecutor’s report on the settlement and the petitioner’s criminal antecedents.
Proceedings Stayed Till Next Hearing
The interim order only preserves the status quo until the Court receives the verification report. It does not quash the criminal proceedings or make any finding on the allegations against the petitioner.
The stay will continue until July 23, 2026. During the next hearing, the Court will examine the prosecution’s report before deciding the interim application and the main petition.
Final Directions
For the present, the Kerala High Court:
- Directed the Public Prosecutor to verify the genuineness of the settlement between the parties.
- Directed the Public Prosecutor to ascertain whether the petitioner has any criminal antecedents.
- Stayed all proceedings in S.C. No. 1154 of 2025 until July 23, 2026.
- Listed the matter for further consideration on July 23, 2026.
