While dismissing the bail application of a man who was booked for sexually assaulting his minor daughter, the Kerala High Court has held that a mother cannot legally settle or compromise a case against the father for sexual harassment or sexual assault of their daughter.

The High Court was considering the second bail application filed by the applicant under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The Single Bench of Justice Kauser Edappagath held, “Offences involving sexual assault of a minor are not compoundable. The law does not permit parents or guardians of a minor victim to compromise, withdraw, or express no objection to the continuation of criminal proceedings or to the grant of bail in relation to an offence of incestuous sexual assault [see Vishnu v. State of Kerala, 2023 (3) KLT 754]. Consequently, the mother cannot legally settle or compromise a case against the father for sexual harassment or sexual assault of their minor daughter. Any compromise or out-of-court settlement effected by the parents of a minor victim with the object of stifling criminal prosecution cannot receive the sanction of law, nor can such a settlement override the State’s duty to prosecute offences against children.”

Advocate Jerry Mathew represented the Appellant while Senior Public Prosecutor Aneeda Beegum represented the Respondent.

Factual Background

It was alleged that the applicant, father of the minor girl aged 17 years, with intent to commit sexual assault, touched her thighs. It was further alleged that on another occasion, he touched her breast and uttered sexually coloured remarks thereby committing the alleged offences. The applicant was remanded to judicial custody.

Reasoning

The Bench found that the minor girl, aged 17 years, was repeatedly subjected to sexual exploitation by her own father. As per the Bench, the accusation against the applicant was grave and prima facie disclosed a premeditated criminal act.

The Bench took note of her statement, in which the victim narrated how she was mercilessly subjected to sexual assault by the applicant. The first bail application was dismissed having regard to the nature of the crime, the gravity of the offence, and the relationship between the applicant and the victim. Finding that the mother of the victim, who had initially lodged the complaint alleging sexual assault, had chosen to settle the matter, the Bench held that the same was in utter disregard of the interest and welfare of her daughter. The mother of the victim had asserted in her affidavit that the matter had been settled between the applicant and the victim.

Observing that the Courts, in the exercise of their parens patriae jurisdiction, bear a bounden duty to safeguard the rights of minor victims of sexual assault, even where parents fail to do so, the Bench refused to accept the compromise. Holding that the applicant could not be released on bail, the Bench dismissed the application.

Cause Title: Shiju v. State Of Kerala (Neutral Citation: 2026:KER:59696)

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Kerala High CourtJustice Kauser Edappagath

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.