92+ Lawyers are online 
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
Has your matter is in serious offences against child act with such allegations against the child i will prefer you not to bother the solution for the matter is resolved by the competent authority that is court of laws please have conversation with and corporation for consultation with us so that your matter is concerned about will be ready to solved thank you sir advocate subodh Ingole
Helpful?
Adv. Subodh Ingole
Mumbai | 100+ Answers
CONTACT NOW
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. Since intention is crucial under POCSO, and no sexual intent is evident, the High Court can quash the proceedings to prevent misuse of law.
Helpful?
Adv. Mahrukh Khan
Mumbai | 200+ Answers
Chat
You can approach the High Court for seeking quashing of FIR. However, it depends upon the FIR and chargesheet filed by police. If the police prepares a strict chargesheet against you then its difficult for the HC to quash the case. It highly depends upon the factual matter mentioned in the FIR. Any advocate will have to read the FIR to give you a better idea on this.
in case you require any further legal assistance you may contact me.
Helpful?
Adv. Shreyas Jain
Mumbai | 100+ Answers
Chat
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Criminal lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
