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2026 Supreme(Online)(Ker) 1275

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
........ – Appellant
Versus
The State of Kerala – Respondent
CRL.MC NO. 199 OF 2023 | CRIME NO.6/2020



Advocates:
For the Appellants/Petitioners: SRI.C.R.SIVAKUMAR, SMT.MINI.M.NAIR, SMT.VIJITHA V.S., SMT.C.B.BHAGYALEKSHMY
For the Respondents: SMT.BINI KRISHNA

Settling matters amicably and marriage between parties can warrant quashing of charges under IPC and POCSO.

Headnote:The petitioner, accused in Crime No. 6/2020, faced allegations under IPC Sections 354 D(1)(i), 509 and Section 12 r/w 11(i)(iv) of the POCSO Act. The incidents arose from a complaint made by a minor regarding insult and stalking. The parties subsequently married, resolving disputes amicably. The court found the offenses to be of a less serious nature and granted relief. The petition was allowed, quashing all further proceedings in SC No. 613/2020.

Table of Content
1. allegations of modesty insult and stalking against minor. (Para 1 , 2)
2. couple married and disputes resolved amicably. (Para 3 , 4)
3. court supports quashing due to resolution of issues. (Para 5)

ORDER

Dated this the 14th day of January, 2026 The petitioner is the accused in Crime No.6/2020. The offences alleged against him are under Sections 354 D (1)(i), 509 of Indian Penal Code and Section 12 r/w 11(i)(iv) of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that on 06.01.2020 at about 4.45 a.m., the accused insulted the modesty of the defacto complainant who was a minor and followed her after promising to marry and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, now the entire disputes between the petitioner and the defacto complainant were settled and also that the petitioner married the defacto complainant on 02.02.2020 and a child was also born in that wedlock. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. The learned counsel for the defacto complainant/2nd respondent also submitted that the entire disputes between the petitioner and the defacto complainant were settled and that they married each other and living happily. They have also produced the marriage certificate issued by the Local Registrar of Keralassery Grama Panchayat, stating that they got married on 02.02.2020.

5. Considering the fact that the offence alleged against the petitioner are under Section 354 D (1)(i), 509 of Indian Penal Code and Section 12 r/w 11(i)(iv) of PoCSO Act, which are less serious in nature and they have amicably settled the dispute and got married themselves and living happily, I am inclined to allow this Crl.M.C.

In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in S.C. No.613/2020 on the file of Special Court under POCSO Act, Palakkad, arising from crime No.6/2020 of Malampuzha police station, stands quashed.

Sd/-

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