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2026 Supreme(Online)(Ker) 27050

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
.......... .......... .......... – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 2157 OF 2024 | CRIME NO.282/2017 | SC NO.1391 OF 2021



Advocates:
For the Appellants/Petitioners: SRI.V.PHILIP MATHEWS
For the Respondents: SHRI.ABY SKARIA, SR.PP-SRI. BINDU O. V.

Quashing of POCSO proceedings permissible under S.482 CrPC upon family settlement post-majority despite non-heinous allegations.

Headnote:The petition under Section 482 CrPC challenges proceedings under Sections 7 r/w 8, 9(1),(n) r/w 10 POCSO Act for alleged outraging modesty by father against minor daughter from 02.02.2017. Court finds case motivated by matrimonial dispute, now settled with de facto complainant attaining majority, marrying, and affirming settlement. Despite POCSO involvement, allegations deemed less serious. Issues framed around quashing due to settlement in family dispute. Ratio: Courts may quash proceedings under CrPC 482 if settlement achieved, parties reconciled, and continuation serves no purpose, even in POCSO cases with non-heinous allegations. Crl.M.C. allowed; all proceedings quashed.

Table of Content
1. petition under crpc 482 to quash pocso charges against father. (Para 1 , 2)
2. parties settled dispute; complainant affirms post-majority marriage. (Para 4)
3. proceedings quashed due to settlement despite pocso offences. (Para 5)

ORDER

Dated this the 10th day of April, 2026 This is a petition filed under Section 482 of the Code of Criminal Procedure, by the accused in Crime No. 282 of 2017 of Kilimanoor police station, which is pending as S.C. No. 1391 of 2021 on the file of Fast Track Special Court, Attingal. The offences alleged against the petitioner are under Sections 7 r/w 8, 9(l), (n) r/w 10 of the POCSO Act.

2. The prosecution case is that the accused, who is the father of the defacto complainant aged 17 years, outraged the modesty of the defacto complainant during the period from 02.02.2017 onwards and thereby he is alleged to have committed the aforesaid offences. 3. According to the learned counsel for the petitioner, this is a false case foisted against him due to a matrimonial dispute. Further, according to learned counsel, now the entire dispute between the petitioner and the defacto complainant has been settled. The learned counsel appearing for the defacto complainant also submitted that the matter has been settled with the petitioner.

4. The petition was opposed by the learned Public Prosecutor. However, upon instructions she submitted that the defacto complainant, who has now became major already given signed statement to the SHO stating that the matter has been settled. The learned counsel for the defacto complainant also submitted that the defacto complainant already got married and that she is living along with her husband.

5. Considering the entire facts, including the fact that the petitioner is the father of the defacto complainant and now the dispute has been settled between the parties, who are now living happily, even though offences under the POCSO Act are also involved, I am inclined to allow this Crl.M.C. Moreover, the allegations levelled against the petitioner are less serious in nature.

In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No. 282 of 2017 of Kilimanoor police station, which is pending as S.C. No. 1391 of 2021 on the file of Fast Track Special Court, Attingal, is quashed.

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