Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

The Kerala High Court recently (on January 06) held that criminal proceedings in cases involving serious allegations of sexual assault cannot be quashed, even at the instance of a victim.The Bench of Justice A. Badharudeen thus dismissed the petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, by the victim/ complainant, seeking quashing of proceedings against the accused for offences punishable under the Indian Penal Code and Protection of Children from Sexual Offence Act.She argued that the matter had been settled. Further, she also contended that the case was registered when she was aged 15 years and was based on a misunderstanding of facts. However, the public prosecutor strongly opposed this.The High Court observed that serious offences under the Act could not be settled as they are crimes against not only the public but also against the interests of children.“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. 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.”The Court also drew its attention to the previous discharge plea raised by the accused wherein it categorically found that the above offences are made out.“Thus this is a case wherein the discharge plea raised by the petitioner was dismissed by the trial court as per Annexure-A3 and this 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 are made out and the accused is liable to be prosecuted for the same.” (sic)Reliance was placed on the Supreme Court's decision in Ramji Lal Bairwa & Anr. v. State of Rajasthan & Ors. (2024) where the Apex Court had set aside a Rajasthan High Court order quashing the 'sexual assault' complaint against a teacher based on a 'compromise' between the victim's father and teacher. The Top Court categorically held:“When an incident of the aforesaid nature and gravity allegedly occurred in a higher secondary school, that too from a teacher, it cannot be simply described as an offence which is purely private in nature and have no serious impact on the society… We have no hesitation to hold that in cases of this nature, the fact that in view of compromise entered into between the parties, the chance of a conviction is remote and bleak also cannot be a ground to abruptly terminate the investigation, by quashing FIR and all further proceedings pursuant thereto, by invoking the power under Section 482, Cr.P.C. In the said circumstances, this appeal is allowed.”Based on these observations, the Court held that quashing of the proceedings at the instance of the defacto complainant, could not be allowed. In view of this, the Court dismissed the petition.Appearances:Petitioner: Advocates Bini Krishna and Subhaja PRespondents: Public Prosecutor M P PrasanthCase Name: X V. State Of Kerala and other., Citation: 2025 LiveLaw (Ker) 31Case No: CRL.MC NO. 9875 OF 2024Click here to read order Also Read: Criminal Proceedings Involving Serious Offences Under POCSO Act Can't Be Quashed On Settlement Between Parties: Kerala High Court

Cases Involving Serious Allegations Of Sexual Assault Cannot Be Quashed Even At Victim's Instance: Kerala High Court

Gyanvi Khanna

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