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2025 Supreme(Online)(Ker) 57968

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
SHAMHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.E.SAJAL
For the Respondents: SR. PUBLIC PROSECUTOR-SMT.BINDU O.V.

Table of Content
1. petition filed seeking quashing of charges with no allegations. (Para 1 , 2)
2. court commentary on lack of substantial evidence. (Para 4 , 5)
3. outcome based on lack of evidence and abuse of process. (Para 6 , 7)

19.12.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

O R D E R Dated this the 19th day of December, 2025 The 5th accused in SC No.97/2023 on the file of the Fast track Special Court, Kasaragod filed this petition praying for quashing all further proceedings against him. The offences alleged in the case are under Sections 366A , 376(1), 370(4), 376(D) of IPC r/w 6(1) of the POCSO Act.

2. According to the learned counsel for the petitioner, in the FI statement as well as in the final report, there is no allegations against the petitioner.

Therefore, he prayed for quashing all further proceedings against him.

3. At the time of arguments, the learned counsel for the 2nd respondent/

defacto complainant also submitted that there is no grievance against the petitioner.

4. As per order dated 27.11.2024, this court directed the learned Public prosecutor to produce the case diary along with report of the investigating officer specifying how the 5th accused got a

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