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2026 Supreme(Online)(Ker) 4283

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANSARI. E.L – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6572 OF 2025|CRIME NO.400/2025



Advocates:
For the Appellants/Petitioners: SMT.SALINI T.S.
For the Respondents: SMT.LAKSHMI RAJAN PP, SMT.C.SEENA

The court emphasized the significance of children's protection laws and the need for accountability in sexual abuse cases, particularly involving minors.

Headnote:The petitioner, an accused in crime No.400/2025, seeks to quash proceedings under Section 528 of the BNSS. The prosecution alleges sexual abuse of a minor student by the petitioner. The court finds that the victim's minor status and similarity of other cases against the petitioner do not support quashing. The court dismisses the petition. The offences under sections of BNS and PoCSO Act are established.

Table of Content
1. details of the accusations against the petitioner. (Para 1 , 2)
2. arguments regarding the settling of disputes and opposition by prosecution. (Para 3 , 4)
3. court’s rationale against quashing proceedings due to serious allegations. (Para 5 , 6)

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE C.PRATHEEP KUMAR THURSDAY, THE 29TH DAY OF JANUARY 2026 / 9TH MAGHA, 1947 CRL.MC NO. 6572 OF 2025 CRIME NO.400/2025 OF Kattakada Police Station, Thiruvananthapuram PETITIONER/ACCUSED ANSARI. E.L AGED 43 YEARS S/O IBRAHIM KITTY, RESIDING AT DARUL ABRAR, ALAMUKKU, POOVACHAL PO, KATTAKKADA, THIRUVANANTHAPURAM, PIN - 695575 BY ADV SMT.SALINI T.S.

RESPONDENTS/STATE/DEFACTO COMPLAINANT

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 XXXXXXXXXX XXXXXXXXXX

3 XXXXXXXXXX XXXXXXXXXX BY ADV SMT.LAKSHMI RAJAN PP – SMT.C.SEENA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.1.2026, THE COURT ON 29.01.2026 PASSED THE FOLLOWING:

ORDER Dated : 29th January, 2026 The petitioner is the accused in crime No.400/2025 of Kattakada police station, Thiruvananthapuram. He filed this petition under Section 528 of the BNS S praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 7 5(1)(i) of and Sections 8 , 7, 10, 9(c), 9(f), 9(m), 9(p) of PoCSO Act, 2012 .

2. The prosecution case as revealed from the FIR is that the accused who was the Arabic teacher in AKM, LPS, Pezhummodu, on one day in the year 2024 sexually abused the de facto complainant, a minor student in the said school, by placing her on his lap, rubbing his beard on her ear and face, pinching her thigh and armpit and biting her ear.

3. According to the learned counsel for the petitioner, the entire dispute between the parties was settled and therefore, he prayed for quashing all further proceedings against the petitioner.

4. The petition was strongly opposed by the learned Public Prosecutor, mainly on the ground that several cases of similar nature are pending against the petitioner.

5. Along with this Crl.M.C, the same petitioner filed Crl.M.C.No.6496/2025, Crl.M.C.No.6533/2025 and Crl.M.C.No. 6489/2025, praying for quashing crime Nos.386/2025, 393/2025 and

392/2025 involving similar offences against him.

6. It is true that the dispute between the petitioner and the victim was settled and the mother of the victim filed an affidavit stating that the dispute has been settled and also that she has no objection in quashing the proceedings against the petitioner. However, it is to be noted that, the victim is still a minor. The offences alleged against the petitioner under Sections 7 5(1)(i) of BNS and Sections 8 , 7, 10, 9(c), 9(f), 9(m), 9(p) of PoCSO Act, 2012 are prima facie made out in this case. At least three more similar cases are pending against the petitioner, who is a teacher by profession. A teacher is expected to be a role model to others and expected to inculcate good values in his students under his control. The parents send their wards to such institutions believing that the teacher will take care of the ward like his/her own children. It is prima facie revealed that the petitioner herein misused his dominating position as a teacher and abused innocent girls under his control. In the above circumstances, I am not inclined to quash the proceedings against the petitioner, as it will give a wrong message to the society.

In the result, this Crl.M.C is dismissed.

Sd/-

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