A petition can be allowed to quash proceedings if no allegations exist against the accused, preventing abuse of court process.

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

O R D E R Dated this the 19^th day of December, 2025 The 5^th 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 2^nd 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 5^th accused got arrayed in this matter, within a period of ten days.

5. Today, when the matter came up for arguments, the learned Public prosecutor fairly conceded that in the FI statement and also in the final report, there are no allegations against the petitioner.

6. In the above circumstances, no useful purpose will be served in continuing the proceedings against the petitioner, as it will only be an abuse of the process of the court. Therefore, this Crl.M.C. is liable to be allowed.

7. In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in SC No.97/2023 on the file of the Fast track Special Court, Kasaragod arising from crime No.148/2022 of Vanitha Police Station, Kasaragod, stands quashed under Section 482 of the Code of Criminal Procedure .