IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 452 OF 2023|CRIME NO.372/2021|S.C.No.671/2021
| Table of Content |
|---|
| 1. petition to quash proceedings in pocso case. (Para 2) |
| 2. victim settled dispute, unwilling to proceed. (Para 3) |
| 3. quashing allowed considering settlement. (Para 5) |
ORDER
Dated this the 10thday of April, 2026 The defacto complainant in S.C.No.671/2021 on the file of the Additional Sessions Court (PoCSO), Harippad, arising out of Crime No.372/2021 of Mavelikkara police station, filed this Crl.M.C. underSection 482ofCr.P.C., praying for quashing all further proceedings against respondents 2 & 3, the accused persons in the above case. The offences alleged against respondents 2 & 3 are underSections 366A, 354, 354(D), 109 r/w 34andSections 12 r/w 11(iv), 17 r/w16 ofProtection of Children from Sexual Offences Act. 2. The prosecution case is that the 1staccused after pretending love enticed the defacto complainant, a minor girl, took her on 01.05.2021 at about 3.30 a.m., with the help of the 2ndaccused, to various places and outraged her modesty.
3. According to the learned counsel, now the victim became major and she had settled the entire dispute between herself and the respondents 2 & 3 and also that she does not want to proceed with this case.
4. The petition was opposed by the learned Public Prosecutor.
However, upon instructions she submitted that the defacto complainant had already given signed statement to the SHO stating that the matter has been settled and that she does not want to proceed with this case.
5. Though the offence under the PoCSO Act were also involved, the gravity of the offence alleged against respondents 2 & 3 are less serious in nature. Therefore, considering the fact that the matter has been settled and the defacto complainant herself approached this court for quashing the proceedings against respondents 2 & 3, I am inclined to allow this Crl.M.C.
In the result, this Crl. M.C is allowed. All further proceedings against the petitioner in S.C.No.671/2021 on the file of the Additional Sessions Court (PoCSO), Harippad, arising out of Crime No.372/2021 of Mavelikkara police station, stands quashed under Section 482 of Cr.P.C.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.