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) 14532

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
E.V. MUHAMMED KUNHI – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 560 OF 2026



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

Amicable resolution with no public interest necessitates quashing of proceedings under the POCSO Act.

Headnote:The judgment analyses the Protection of Children from Sexual Offences Act, 2012, particularly Sections 7 and 8, in the context of a case involving allegations against the accused, who claimed innocence and that the matter had been amicably resolved with the victim’s support for quashing proceedings. The Court found the allegations of less serious nature and noted that continuation of the prosecution would not serve any purpose due to the amicable settlement. The judgment concludes with the ruling to quash ongoing proceedings against the accused, supporting the need for maintaining harmony and preventing abuse of judicial processes.

Table of Content
1. accused claims innocence; settlement reached. (Para 1 , 2 , 3)
2. prosecution not desired by the victim. (Para 4 , 5)
3. court acknowledges less serious allegations and amicable resolution. (Para 6)
4. proceedings quashed for maintaining harmony. (Para 7)

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 getting instruction, 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 less serious in nature. Considering the fact that the offences involved in this case are less serious in nature, and only a private dispute and the dispute has been amicably settled between the parties and the defacto complainant and the victim are not at all interested in continuing the prosecution, there is no purpose to be fulfilled by the continuance of 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 petitioner/accused in S.C. 590 of 2025 on the file of the Addl.District Court, Thalassery in Crime No.567 of 2025 of Valappatanam Police Station is hereby quashed.

Sd/-

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