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POCSO 11 12 / 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) shall we file a quashing application in High Court or any advice will be very much appreciated please
If the FIR is based solely on a misunderstood gesture like kissing a child on the cheek, and there was no sexual intent, you can file a quashing petition under Section 482 CrPC before the High Court. Courts have held that intent matters, especially in POCSO cases, and if the act was affectionate and without malice, it may not constitute an offence. You should gather all supporting evidence or witnesses to show there was no inappropriate conduct. Early legal intervention is important to avoid unnecessary trial.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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