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2026 Supreme(Online)(Ker) 17773
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
BINU – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 1823 OF 2026 | SC NO. 217 OF 2025
Important Points
Subject
Criminal Law - Sexual Offences
Act Referred
Information Technology Act: S.37B
Protection of Children from Sexual Offences Act: S.3, S.4, S.51, S.6, S.7, S.8
Headnote
For the Appellants/Petitioners: SHRI.PRAVEEN S, SMT.AJISHA M.S.
For the Respondents: SMT. ANIMA.M
| Table of Content |
|---|
| 1. details of the allegations and nature of the case. (Para 1 , 2) |
| 2. serious offences cannot be quashed. (Para 3) |
O R D E R
(Dated this the 02nd day of March, 2026)
The petitioner is the sole accused in Crime No. 27 of
2025 of Idukki Police Station which is now pending as SC No. 217/2025 before the Sessions Court, Thodupuzha. The petitioner filed this Crl.MC under Section 528 BNSS praying for quashing all further proceedings against him.
2. The offences alleged against the petitioner are under Sections 3 70 (4), 354A(1)(i), 376(1), 376(2)(n), 376(3) of IPC , Section 37B of IT Act and Sections 3 (a), 4(2), 51, 6(1), 7 and 8 of POCSO Act. The prosecution case is that the accused with the intention to satisfy his sexual lust sexually abusing the minor victim, on 03.06.2024 at about 4.00 pm after pretending love, took her to a vacant building and committed penetrative sexual assault upon her on that day and thereafter on several days till 20.06.2024, captured her nude photos in his mobile phone and thereby he is alleged to have committed the aforesaid offences.
3. The law is well settled that serious and heinous offences like 376 IPC cannot be quashed on the mere reason that the matter has been settled between the parties. In the instant case, the offences under Section 3 , 4, 5, 6, 7 and 8 of the POCSO Act are also involved. The offences alleged against the petitioner being serious and heinous in nature, the prayer for quashing the proceedings against the petitioner is liable to be rejected. In the result, this Crl.MC is dismissed.
Sd/-
