IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
X X – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 10374 OF 2024 | SC NO.2562 OF 2024 | CRIME NO.1519/2023
| Table of Content |
|---|
| 1. description of the allegations and status of accused (Para 1 , 2) |
| 2. settlement of disputes and prosecution's response (Para 3) |
| 3. assessment of offence gravity and final ruling justification (Para 5) |
ORDER
Dated this the 28th day of January, 2026 The petitioners are the accused persons involved in S.C No. 2562 of 2024 pending before the Additional Sessions Court (Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram, arising out of Crime No. 1519 of 2023 of Kadinamkulam Police Station. The offences alleged against the petitioners are under Section 354A (1)(i) of the IPC and Sections 7 , 8, 9m, 10, 19 and 21 of the POCSO Act.
2. The prosecution case is that on one day between
01.08.2021 and 13.09.2021, the 1st accused touched the shoulder, hand and hip of the victim, aged 10 years and that the 2nd accused, who is the wife of the 1st accused, suppressed the above fact from others and thereby they are alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioners, now the entire dispute between the parties has been settled. Therefore, they prayed for quashing all further proceedings against the petitioners. The leaned counsel for the 2nd respondent/defacto complainant also submitted that the entire dispute between the parties has been settled amicabily and therefore she also prayed for quashing all further proceedings against the petitioners. The mother of the victim filed an affidavit stating that the dispute between them had already been amicably settled and she does not want to proceed against the petitioners.
4. The learned Public Prosecutor opposed the petition.
However, upon instructions she submitted that a signed statement of the victim was recorded in the presence of her maternal aunt before the SHO, stating that the dispute with the petitioners had already been settled and that they do not want to proceed with the case.
5. On a perusal of the FI statement as well as the final report, it is revealed that the only allegation is that the 1st accused touched the shoulder, hand and hip of the victim, who was aged 10 years. The 1st petitioner is none other than the uncle of the victim. Though the offences under the provisions of the POCSO Act are also alleged, the gravity of the offences alleged against the petitioners are less serious in nature. It is also submitted that there was a matrimonial dispute between the mother of the victim and her husband and now the entire dispute between the parties has been amicably settled.
In the above circumstances, I am inclined to allow this Crl.M.C.
In the result, this Crl.M.C is allowed. All further proceedings against the petitioners in S.C No. 2562 of 2024 pending before the Additional Sessions Court (Atrocities and Sexual Violence against Women and Children), Thiruvananthapuram arising out of Crime No. 1519 of 2023 of Kadinamkulam Police Station, is quashed.
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