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POCSO 11 12 / Case Filed On Misunderstood Gesture
29-Jun-2025 (In Criminal Law)
A child's Parents have misunderstood gesture and filed a complaint for kissing their child on the cheek (that's the complaint they've mentioned in the FIR and Chargsheet) shall we file a quashing application in High Court or any advice will be very much appreciated please
kindly discuss you matter in detailed and in person with an advocate
kindly discuss you matter in detailed and in person with an advocate
kindly discuss you matter in detailed and in person with an advocate
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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Yes, you should file a quashing petition under Section 482 CrPC in the High Court if the FIR and chargesheet only mention a misunderstood, non-sexual gesture like kissing on the cheek. Since intention is key under POCSO, and no sexual intent is evident, the court can quash the case to prevent misuse of law.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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