ORDER :

1. This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash all further proceedings in furtherance to Annexure-1 Final Report in Crime No. 1267/2021 of Fort Police Station, Thiruvananthapuram, now pending as S.C. No. 593/2022 on the files of the Special Court for the trial of cases under the Protection of Children from Sexual Offences Act (hereinafter referred as ‘POCSO Act’ for short) cases, Thiruvananthapuram. The petitioner herein is the 2nd accused in the above case as per the Final Report.

2. Heard the learned counsel for the petitioner, the learned Public Prosecutor and the learned counsel appearing for the defacto complainant, in detail. Perused the relevant materials available.

3. In this matter, though the petitioner is arrayed as the 2nd accused, while arraying the mother of the victim as the 1st accused, the narration in the charge runs on the premise that the petitioner herein is the 1st accused. The allegation of the prosecution is that, on 08.02.2021 in Room No. 151 of RP Days Inn Lodge in Kizhakkekotta, the mother of the victim and the petitioner herein, after sharing common intention, engaged in sexual