Status Of Victim Not Different From Accused: Kerala HC Dismisses Defacto Complainant's Plea To Quash POCSO Case
The Kerala High Court observed that in cases where serious allegations of sexual assault and other offences are alleged, quashment of the proceedings at the instance of the defacto complainant, could not be allowed.
The Court further held that in such cases, the status of the victim also is not different from the accused.
The Criminal Miscellaneous Application was filed before the High Court under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by the defacto complainant seeking quashing of the charge sheet in a case registered under Section 341 and 354A as well as Sections 7, 8, 11(1), 12 and 18 of the Protection of Children from Sexual Offence Act, 2012 (POCSO Act).
The Single-Judge Bench of Justice A.Badharudeen asserted, “No doubt, serious offences under the POCSO Act could not be settled and the same is a crime against the public at large and against the interest of the children, who were intended to be protected by the enactment. Therefore, quashment sought for on the ground of settlement when moved by the defacto complainant or the accused, the prime consideration is whether there were materials to see commission of offences.
Advocate Bini Krishna represented the Petitioner while Public Prosecutor M P Prasanth represented the Respondent.
It was alleged that the accused caught hold of the minor girl’s hand with sexual intent and molested her. In another incident, the accused wrongfully restrained her, passed sexual comments and also attempted to catch her with sexual intent.
The defacto complainant sought quashment of the proceedings on the ground of settlement asserting that the case was registered while she was aged 15 years and the same was based on a misunderstanding of facts.It was noticed by the Bench that in this case the discharge plea raised by the petitioner was dismissed by the trial court and the Court while reconsidering the plea of discharge, categorically found that offence under Section 354A(iv) of Cr.P.C as well as Section 11(i) read with 12 of the POCSO Act were made out and the accused was liable to be prosecuted for the same.
Emphasizing the fact that serious offences under the POCSO Act could not be settled, the Bench said, “If the prosecution evidence would show, prima facie, materials to hold that the offences are made out, quashment on the ground of settlement moved by the accused or the defacto complainant could not be allowed.”
Considering the gravity of the allegations and involvement of sexual assault charges, the Bench held, “... in the present case where very serious allegations of sexual assault and other offences are alleged, quashing of the proceedings at the instance of the defacto complainant, could not be allowed. In such cases the status of the victim also is not different from the accused.”
In view of such factual and legal aspects, the Bench dismissed the Petition.
Cause Title: X v. State Of Kerala (Neutral Citation: 2025:KER:357)
Appearance:
Petitioner: Advocates Bini Krishna, Subhaja P.
Respondents: Public Prosecutor M P Prasanth
