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2026 Supreme(Online)(Ker) 27183

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


Advocates:
For the Appellants/Petitioners: SHRI.V.A.PRADEEP KUMAR, SMT.NIVEA K.G., SHRI.GERRY DOUGLES S.
For the Respondents: SR. PP. SMT. BINDU.O.V

Table of Content
1. petition to quash pocso non-reporting proceedings (Para 1)
2. petitioner claims false case; prosecutor opposes (Para 2 , 3)
3. prima facie pocso offence for non-reporting abuse (Para 4)

O R D E R

(Dated this the 08th day of April, 2026)

The 2nd accused in Crime No. 202 of 2025 of Vadakkekara Police Station filed this Crl.MC under Section 528 BNSS praying for quashing the proceedings against her. The allegations against the petitioner who is the mother of the victim is that though she was aware of the sexual abuse committed by the 1st accused, the fact was not reported to the police.

2. According to the learned Counsel for the petitioner, it is a false case forged against the petitioner.

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

4. As per the prosecution case, the 1st accused who is the paramour of the petitioner sexually abused her minor daughter aged 10 and though the victim told about the incident to the petitioner, she did not report the matter to the police. Therefore, the allegations against the petitioner prima facie makes out the offence punishable under Section 21 r/w 19 of POCSO Act and as such the prayer for quashing the proceed

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