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2026 Supreme(Online)(Ker) 23148

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


Advocates:
For the Appellants/Petitioners: SHRI.N.SASI, SMT.RASMI NAIR T.
For the Respondents: SMT.RAJIKA P., PP. SMT. C.SEENA

Table of Content
1. accused filed for quashing proceedings citing settlement. (Para 1 , 2 , 3)
2. prosecution opposed quashing, emphasizing severity of crime. (Para 4)
3. court ruled serious offences involving minors cannot be quashed. (Para 5)

O R D E R

(Dated this the 23rd day of March, 2026 The accused in Crime No. 311 of 2022 of Airoor Police Station filed this Crl.MC under Section 482 Cr.PC praying for quashing all further proceedings against him. The offences alleged against the petitioner are under Sections 376 , 354A(1)

(i) and Sections 4 (2), 3(a), 7 and 8 of the POCSO Act .

2. The prosecution case as revealed from the FIR is that the accused with the intention to satisfy his sexual lust, made friendship with the defacto complainant aged 16, promised to marry her, took her to a lonely builiding on 16.04.2022 at about 2.30 p.m and committed penetrative sexual assault upon her.

3. The petitioner filed this Crl.MC on the ground that the matter has been settled with the defacto complainant.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. The law is well settled that serious and henious offences like rape cannot be qashed even if the defacto complainant and

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