The court emphasized the importance of protecting minors over personal settlements in cases involving sexual offenses.

ORDER :

C. PRATHEEP KUMAR, J.

The petitioner is the accused in crime No.393/2025 of Kattakada police station, Thiruvananthapuram. He filed this petition under Section 528 of the BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 75(1)(i) of BNS and Sections 8, 7, 10, 9(c), 9(f), 9(m), 9(p) of PoCSO Act, 2012.

2. The prosecution case as revealed from the FIR is that the accused who was the Arabic teacher in AKM, LPS, Pezhummodu, on one day in the year 2024 sexually abused the de facto complainant, a minor student in the said school, by placing her on his lap, rubbing his beard on her ear and face, pinching her thigh and armpit and biting her ear.

3. According to the learned counsel for the petitioner, the entire dispute between the parties was settled and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor, mainly on the ground that several cases of similar nature are pending against the petitioner.

5. Along with this Crl.M.C, the same petitioner filed Crl.M.C.No.6496/2025, Crl.M.C.No.6572/2025 and Crl.M.C.No. 6489/2025, praying for quashing crime Nos.386/2025, 400/2025 and 392/2025 involving similar offences against him.

6. It is true that the dispute between the petitioner and the victim was settled and the mother of the victim filed an affidavit stating that the dispute has been settled and also that she has no objection in quashing the proceedings against the petitioner. However, it is to be noted that, the victim is still a minor. The offences alleged against the petitioner under Sections 75(1)(i) of BNS and Sections 8, 7, 10, 9(c), 9(f), 9(m), 9(p) of PoCSO Act, 2012 are prima facie made out in this case. At least three more similar cases are pending against the petitioner, who is a teacher by profession. A teacher is expected to be a role model to others and expected to inculcate good values in his students under his control. The parents send their wards to such institutions believing that the teacher will take care of the ward like his/her own children. It is prima facie revealed that the petitioner herein misused his dominating position as a teacher and abused innocent girls under his control. In the above circumstances, I am not inclined to quash the proceedings against the petitioner, as it will give a wrong message to the society.

In the result, this Crl.M.C is dismissed.