SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Online)(Ker) 2402

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
.......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 11370 OF 2025 | CRIME NO.283/2025



Advocates:
For the Appellants/Petitioners: KUM.GAYATHRI MURALEEDHARAN, SHRI.AJIN K. KURIAKOSE, SMT.ARCHANA B.
For the Respondents: SR. PP - SRI. BREEZ M.S

Amicable settlement in minor offences under PoCSO Act justifies quashing of proceedings to maintain harmony.

Headnote:Under the Protection of Children from Sexual Offences Act (PoCSO Act), the petitioners, parents of the victim, alleged that the accused outrage modesty of the child victim. The dispute was settled amicably by the parties, including an affidavit from the victim. The court found the disputed matter minor in nature, and quashed the proceedings to prevent further criminal prosecution and maintain harmony. The verdict was in favor of the accused, resulting in the quashment of the case.

Table of Content
1. amicable settlement and victim's statement reduce necessity of prosecution. (Para 2 , 3 , 4)
2. court considers the nature of charges and settlement for quashment. (Para 5 , 6)

ORDER

Dated this the 15th day of January, 2026 The petitioners are the parents of the victim and the 2nd respondent is the accused in Crime No.283/2025 of Harbour police station. The offences alleged against the accused are under Sections 7, 8 and 9 of the Protection of Children from Sexual Offences Act (PoCSO Act, in short). 2. The prosecution case is that on a day in January 2025, the accused who was the teacher of the child victim, outraged the modesty of the child by grabbing her body and thereby he is alleged to have committed the aforesaid offences.

3. Both the parents of the victim have given signed statement to the SHO, stating that the matter has been settled.

4. According to the petitioners, the entire dispute with the accused accused. The victim who now became major also filed an affidavit endorsing the accused.

5. The learned Public Prosecutor also submitted, after getting instructions, that the dispute has been amicably settled between the parties and that the victim is not interested in continuing the prosecution against the petitioners. It is also submitted that there is no serious criminal antecedents against the petitioner.

6. Even though the offence alleged against the petitioner includes one under the POCSO Act, the gravity of the offence alleged against the petitioner is minor in nature. Considering the fact that the offences involved in this case are not heinous and very serious in nature, but only a private dispute and the dispute has been amicably settled between the parties, no useful purpose will be served by continuing the prosecution in this case. Moreover, quashment of further proceedings is necessary for maintaining harmonious relationship between the parties and also to prevent abuse of process of the court.

7. In the result, this petition is allowed. The proceedings against the

2nd respondent/accused in Crime No.283/2025 is hereby quashed.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top