IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
AKSHAY SHARMA – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 8859 OF 2024
| Table of Content |
|---|
| 1. introduction of the case and allegation details. (Para 1 , 2) |
| 2. parties' resolution and the victim's statement. (Para 3 , 4 , 5) |
| 3. court's evaluation of the case and resolution. (Para 6) |
| 4. final ruling on the quashing of proceedings. (Para 7) |
O R D E R Dated this the 6th day of February, 2026 The petitioner is a juvenile in conflict with law (JCL) in ST.No.83/2024 pending before the Juvenile Justice Board, Thiruvananthapuram, arising out of Crime No.1604/2023 of Sreekaryam Police Station. The offence alleged against the petitioner are under Section 7 r/w 8 of the POCSO Act .
2. The prosecution case is that on one day in the year 2014 while the victim was studying in 2nd standard in Loyola School, Sreekaryam, the JCL studying in 8th standard touched his private part and caused the victim to touch his private part and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, the alleged incident is in the year 2014 while the FIR was registered only in the year 2023, after a period of nine years. Further according to the learned counsel, at the time of the alleged incident, the JCL as well as the victim were small boys and also they are close relatives. According to the learned counsel, now both of them became major and also that they along with their parents resolved the entire dispute between them and therefore, he prayed for quashing all further proceedings against the petitioner.
4. The victim/3rd respondent as well his mother filed affidavits stating that the entire disputes between them were settled and that they do not want to proceed with this case. At the time of arguments, the learned counsel for the 3rd respondent/victim also submitted that the entire dispute between the parties were settled and hence he also prayed for quashing the proceedings against the petitioner.
5. Though the learned Public Prosecutor opposed the petition, upon instructions, he submitted that the victim, who became major, had already given signed statement to the SHO stating that he does not want to proceed with this case as the entire dispute with the petitioner has already been settled.
6. Considering the fact that the alleged incident occurred while the victim was studying in the 2nd standard and the JCL was studying in the 8th standard, and the entire dispute between them has amicably been settled and the parties are close relatives, I am inclined to allow this Crl.M.C.
7. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in ST. No.83/2024 pending before the Juvenile Justice Board, Thiruvananthapuram, is quashed.
Sd/-
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.