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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



Advocates:
For the Appellants/Petitioners: SHRI.PRAVEEN S, SMT.AJISHA M.S.
For the Respondents: SMT. ANIMA.M

Serious offences under IPC and POCSO cannot be quashed based on settlements between parties.

Headnote:The petitioner filed a criminal miscellaneous case under Section 528 BNSS seeking to quash proceedings against him for serious offences including IPC 376 and POCSO Act violations. The petitioner allegedly sexually assaulted a minor victim and captured nude photos. The court held serious offences cannot be quashed merely due to settlement and dismissed the application. The court finds strong merit in maintaining the proceedings against the petitioner.

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/-

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