High Court of Kerala : Observing the allegations of offences punishable under Section 354-A of the Penal Code, 1860 and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 against the petitioner, the Bench comprising of Sunil Thomas, J., quashing the criminal proceeding observed that since the dispute between the parties has been resolved and they have agreed to settle hence the allegation including sexual assault on a minor woman and under the provisions of POCSO Act, stands dismissed.
The respondent filed a complaint against the petitioner on ground that he had touched his 15-year-old minor daughter with a malafide intention and thereby outraged her modesty on the basis of which investigation was initiated and was progressing. However, the petitioner approached the Court stating that disputes between the parties have been resolved and parents of the victim have agreed to settle the disputes and have also submitted an affidavit for the same that discloses a fair and genuine intention of the parties.
The Court observed that continuance of the proceedings will not be in the interest of parties concerned and quashed the complaint against the petitioner/accused. Further, the Court stated that since the allegations against the petitioner accused involved sexual assault on a minor woman and some provisions of the POCSO Act hence, whether the incident happened accidentally or whether it was done intentionally is a highly disputed question of fact. [Sajith S. v. State of Kerala, Crl.MC.No. 7251 of 2016, decided on 7.11.2016]