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2026 Supreme(Online)(Ker) 19385
IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
CHANDRAN – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 6150 OF 2022 | CRIME NO.67/2022
For the Appellants/Petitioners: SRI.P.JAYARAM, SRI.K.R.PAUL, RENJITH R.
For the Respondents: SMT BREEZ M S (SR. PP)
Allegations arising from familial disputes with no basis in prior statements can lead to quashing of charges under Section 482 Cr.P.C.
Headnote:The Court examined the legal frameworks under Sections 447, 354A of IPC, and the Protection of Children from Sexual Offences Act, citing that the prosecution case revolves around an alleged incident of trespass and sexual harassment against a minor. The petitioner contended that the case stemmed from family disputes and earlier proceedings lacked allegations of sexual misconduct. The Court found that the later allegations were unfounded and constituted an afterthought, warranting quashing of the proceedings. The final outcomes noted that the proceedings against the petitioner were quashed under Section 482 of Cr.P.C.
| Table of Content |
|---|
| 1. allegations regarding trespass and molestation against a minor under dispute. (Para 1 , 2 , 3) |
| 2. opposition by the prosecution regarding the quashing of charges. (Para 4) |
| 3. lack of foundational evidence leading to charges deemed afterthought. (Para 5) |
| 4. final quashing of proceedings under section 482 cr.p.c. (Para 6) |
O R D E R
(Dated this the 17th day of March, 2026)
The accused in S.C.No.638/2022 on the file of the Additional Sessions Court (PoCSO), Pattambi, arising out of Crime No.67/2022 of Sreekrishnapuram Police Station, filed this Crl.M.C. under Section 482 of Cr.P.C., praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 447 , 354A (1)(i) of IPC and Sections
7, 8, 9(n) & 10 of Protection of Children from Sexual Offences Act .
2. The prosecution case is that on 09.03.2022, at about 4.30 p.m., the accused trespassed into the residence of the defacto complainant who was a minor and outraged her modesty by grabbing her breast.
3. According to the learned counsel for the petitioner, this is a false case foisted against the petitioner due to some family disputes between the parties. Further, according to the learned counsel, with respect to the very same incident, Crime No. 54/2022 was registered, in which there was no allegation of sexual harassment. Therefore, he prayed for quashing all further proceedings against the petitioner.
4. The petition was strongly opposed by the learned Public Prosecutor. Though notice was served on the defacto complainant/ 2nd respondent, she did not turn up.
5. It appears that, with respect to the incident that occurred on 09.03.2022 at 4.30 p.m., at first Crime No.54/2022 was registered by the police. Thereafter, Crime No.76/2022 is seen registered only on 17.03.2022, eight days after the registration of the first FIR. It is also revealed that in the FI Statement in Crime No.54/2022, there is no allegation that the petitioner herein molested the defacto complainant. From the final report in Crime No.54/2022. In the 161 Cr.P.C. statement of the victim herein given in Crime No.54/2022 also there is no allegation that she was molested by the petitioner. Since, Crime No.54/2022 was also registered with respect to the very same incident, in which, there is no allegation that the petitioner molested the defacto complainant and in the 161 Cr.P.C. statement of the victim recorded in Crime No.54/2022 also there is no allegation that the petitioner molested her, subsequent FI Statement which lead to registration of Crime No.67/2022 can only be an after thought due to the existing family disputes between the parties, who are close relatives.
6. In the above circumstance, no useful purpose will be served in continuing the proceedings against the petitioner in Crime No.67/2022 and as such this Crl.M.C is liable to be allowed.
In the result, this Crl.M.C is allowed. All further proceedings against the petitioner in S.C.No.638/2022 on the file of the Additional Sessions Court (PoCSO), Pattambi, arising out of Crime No.67/2022 of Sreekrishnapuram Police Station, stands quashed under Section 482 of Cr.P.C.
Sd/-
