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2025 Supreme(Online)(Ker) 25668

IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
SHYMON.N.X – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.K.DHEERENDRAKRISHNAN
For the Respondents: SRI.SHAJIN S.HAMEED

ORDER

The petitioners, who are the accused in Crime No.322/2025 of Maradu Police Station, Ernakulam District, have filed this petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, to quash the FIR registered in the said case and the proceedings initiated thereafter against them. The offences alleged against the accused are under Sections 75 (1)(iv) , 296(b) , 351(1) & 329(3) read with Section 3 (5) of the Bharatiya Nyaya Sanhita , 2023, and Section 11 (i) read with Section 12 of the Protection of Children from Sexual Offences Act , 2012 (in short, ‘POCSO Act’).

2. The prosecution case is that on 11.05.2025, at about 3:30 pm., the petitioners criminally trespassed into the house of the de facto complainant, and the first accused verbally abused her with sexually explicit words in the presence of her minor daughter, and later on outraged her modesty. It is stated that the petitioners 2 & 3 abetted the commission of the above crime.

3. In the present petition, the petitioners would contend that none of the offences as alleged by the de facto complainant are attracted in the facts and circumstances of this case. It is stated that the offence under Section 11 (i) r

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