The court ruled that serious allegations under the POCSO Act cannot be quashed based solely on a settlement, as prima facie offences are established.

O R D E R

Dated this the 21st day of October, 2024 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash Annexure A1 FIR and all further proceedings in the Crime No.537 of 2024 of Parippally Police Station, Kollam. The petitioner herein is the sole accused in the above crime.

2. Heard the learned counsel for the petitioner, the defacto complainant and the learned Public Prosecutor in detail.

3. In this matter, the prosecution allegation is that the accused, who is the uncle of the victim, subjected the victim to sexual assault while he was studying in th

4 standard, by caught hold on his chest repeatedly and commenting that the victim appears like a female. It is on this premise, the prosecution alleges commission of offences punishable under Sections 7 r/w 8, 9 (l), (m), (n) r/w 10 of the Protection of Children from Sexual Offences Act , 2012.

(hereinafter referred to as ‘POCSO Act’ for short)

4. While seeking qaushment of the proceedings at the crime stage, though now final report filed, the learned counsel for the petitioner would submit that an innocent person would be put into the ordeals of the prosecution, where the overt acts do not suggest any sexual intent and in a case where the lawful guardian/mother of the victim filed affidavit in support of quashment of the proceedings.

5. The learned counsel for the defacto complainant also supported quashment of the criminal proceedings.

6. The learned Public Prosecutor would submit that since the First Information Statement would show the ingredients to attract offences alleged, quashment of FIR merely on the ground of settlement, that too on the strength of an affidavit filed by the lawful guardian of the victim, could not be considered.

7. On perusal of the First Information Statement, it is noticed that the victim disclosed an th occurrence he suffered while he was studying in 4 standard at the instance of the accused. The specific allegation is that the accused used to press on his chest, commenting that the victim appears like a female. He repeated the same on three days.

8. According to the learned counsel for the petitioner, the said overt acts do not suggest that the same were done with any sexual intent. Insofar as culpable mental state of an accused under the PoCSO Act is concerned, the same is governed under Section 30 of the POCSO Act.

“Presumption of culpable mental state. - (1) In any prosecution for any offence under this Act which requires a culpable mental state on the part of the accused, the Special Court shall presume the existence of such mental state but it shall be a defence for the accused to prove the fact that he had no such mental state with respect to the act charged as an offence in that prosecution.

(2) For the purposes of this section, a fact is said to be proved only when the Special Court believes it to exist beyond reasonable doubt and not merely when its existence is established by a preponderance of probability.

Explanation.--In this section, "culpable mental state" includes intention, motive, knowledge of a fact and the belief in, or reason to believe, a fact.”

9. The further allegation is that later, he understood the reason for pressing his chest, when his friends also ridiculed him looking at the chest on the ground that the victim’s chest was big in size. The petitioner also alleged to have stated repeatedly that the victim looks like a female and his chest is big.

10. Going by the facts, it appears that quashment of serious offences alleged in this case could not be allowed merely on settlement since offences are made out prima facie.

In the result, this petition stands dismissed.

Interim order of stay stands vacated.

Registry is directed to forward a copy of this order to the jurisdictional court for information and further steps.