A. BADHARUDEEN
Praveen Prakash – Appellant
Versus
State of Kerala – Respondent
ORDER
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, to quash Annexure A1 FIR, Annexure A2 Final Report and all further proceedings against the petitioner in S.C.No.280/2022 on the files of the Additional Sessions Court, Kozhikode, arose out of crime No.691/2021 of Nadakavu Police Station, Kozhikode. The petitioner herein is the sole accused in the above crime.
2. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Public Prosecutor in detail. Perused the relevant documents.
3. In this matter, the prosecution alleges commission of offences punishable under Section 354D of the Indian Penal Code (hereinafter referred to as ‘IPC’ for short) as well as under Section 12 r/w 11(iv) of the Protection of Children from Sexual Offences Act (hereinafter referred to as ‘PoCSO Act’ for short).
4. According to the learned counsel for the petitioner, going by the First Information Statement as well as the additional statement given by the victim, the only allegation is that the accused used to send messages and calls to the victim, who was aged 17 years, to her mobile phone and disturbe
(1) Sexual harassment of child – Settlement of POCSO offences, acting on affidavit filed by victim or their parents, is not legally permissible.(2) Mere sending of messages or having chats with a chi....
The court established that for offences under the PoCSO Act, evidence of sexual intent in communications is essential to constitute a prima facie case.
The absence of sexual intent in the victim's statements negated the applicability of the alleged offences under the IPC and POCSO Act.
The court clarified the applicability of specific sections of IPC and POCSO Act based on the evidence of the case, distinguishing between the roles of the accused.
Serious offences under the POCSO Act cannot be quashed based on compromise or victim's affidavit, reaffirming the need for societal protection.
Serious offences under the POCSO Act cannot be quashed based on settlements, as they affect public interest and the dignity of victims.
The court can quash proceedings under the PoCSO Act when the dispute is settled between parties and the allegations are deemed less serious.
The court ruled that the allegations did not constitute sexual assault as defined under the PoCSO Act, emphasizing the lack of sexual intent in the accused's actions.
Serious offences under the POCSO Act cannot be settled; quashment based on settlement is impermissible due to public interest considerations.
The court ruled that allegations of sexual harassment under the POCSO Act must be evaluated on evidence, even amidst claims of family rivalry, necessitating a trial.
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