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2026 Supreme(Online)(Ker) 29844

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. Pratheep Kumar, J
Xxxxxxxxxx Xxxxxxxxxx Xxxxxxxxxx – Appellant
Versus
State Of Kerala – Respondent
CRL.MC NO. 10663 OF 2025



Advocates:
For the Appellants/Petitioners: S. Mohammed Al Rafi, Thajuna Maria Francis
For the Respondents: A. N. Shaji

The High Court may exercise its inherent powers to quash criminal proceedings, including those under the POCSO Act, where the offence is of a less serious nature and the parties—being close relatives—have reached a genuine, verifiable settlement.

Headnote:The petitioner sought to quash criminal proceedings in a case involving alleged offenses under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Protection of Children from Sexual Offences (POCSO) Act. The facts involve an allegation of outrage of modesty by a relative against a minor. The court found that the parties had settled the matter, and the defacto complainant and her mother expressed no desire to proceed. The core issue was whether criminal proceedings, including those under the POCSO Act, could be quashed based on a settlement between close relatives. The court observed that the gravity of the specific offence was relatively less serious, justifying the exercise of inherent powers to facilitate a compromise between parties who are close relatives. The Crl.M.C. is allowed, and all further proceedings in the matter stand quashed.

Table of Content
1. nature of the dispute and the prayer for quashing based on settlement. (Para 1 , 2 , 3 , 4 , 5 , 6)
2. court's discretion to allow quashing of pocso proceedings given the familial relationship and gravity of the offence. (Para 7 , 8)

O R D E R Dated this the 21st day of May, 2026 This is a petition filed under Section 528 of B.N.S.S., by the accused in Crime No.1506/2025 of Vaikom Police Station, which is pending as SC. No.697/2025 on the file of the Fast Track Special Court (POCSO), Kottayam. The offences alleged against the petitioner are under Sections 75(1)(1), 115(2)

and Section 7 and 8 of POCSO Act.

2. The prosecution case is that on 15.9.2025 at about 9 p.m., the accused, who is the uncle of the defacto complainant aged 17 years, outraged her modesty by pressing her breast.

3. The learned counsel for the petitioner as well as the defacto complainant/2nd respondent submitted that the matter has been settled between the parties. Therefore, they prayed for quashing all further proceedings against the petitioner.

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

5. The petitioner is none other than the uncle of the defacto complainant aged 17 years at the time of the incident. The mother of the defacto complainant filed affidavit stating that the matter has been settled and that she does not want to proceed with this case.

6. The learned Public prosecutor also submitted that the defacto complainant and her mother had given signed statement to the SHO stating that the matter has been settled.

7. Though offence under the POCSO Act is also involved, the gravity of the offence alleged against the petitioner is less serious in nature. Moreover, the parties are close relatives and now the matter has been settled. Therefore, I am inclined to allow this Crl.MC.

8. In the result, this Crl.M.C. is allowed. All further proceedings against the petitioner in Crime No.1506/2025 of Vaikom Police Station, which is pending as SC. No.697/2025 on the file of the Fast Track Special Court (POCSO), Kottayam, stands quashed.

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