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2026 Supreme(Online)(Ker) 14532

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
E.V. MUHAMMED KUNHI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.ZUBAIR PULIKKOOL
For the Respondents: SHRI.MUHASIN K.M., SHRI.PRAMOD K., SMT. BINDU.O.V.

O R D E R

(Dated this the 23rd day of February, 2026)

The petitioner is the accused in S.C.No. 590 of 2025 on the file of the Addl.District Court, Thalassery arising out of crime No. 567 of 2025 of Valappatanam Police Station. The offences alleged against him are under Sections 7 and 8 of Protection of Children from Sexual Offences Act (PoCSO Act, in short).

2. The prosecution case is that on 22.06.2025, when the defacto complainant who was a 16 year old boy was traveling in a bus, the accused who was a co-passenger touched the private part of the child using his elbow.

3. According to the petitioner, this is a false case foisted against him and also that he is innocent. Further according to him, the dispute has been settled with the defacto complainant and that he agreed to drop all further proceedings relating to the above dispute. Therefore, the petitioner prayed for quashing all further proceedings against him. The victim also filed an affidavit endorsing the averments in the petition and praying for quashing the proceedings against the petitioner.

4. Heard the learned Counsel for the petitioner and the learned Public Prosecutor.

5. Learned Public Prosecutor also submitted, after

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