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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
Answers (2)

Answer #1
945 votes
In the case of Raju Prasad v. State of Sikkim, the court held that forcibly kissing a minor (specifically an 11-year-old girl) and hugging her constituted aggravated sexual assault. The court reasoned that: - The act involved physical contact. - The context of the act (forcibly kissing and hugging) indicated sexual intent. - Since the victim was below 12 years, it fell under aggravated sexual assault as per Section 9(m) of the POCSO Act. As far as Quashing in the concerned High Court is concerned, High Courts have inherent powers to quash proceedings, but they are exercised with caution, particularly in POCSO cases, due to the nature of the offense and the need to protect children.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #2
647 votes
Yes, you can file a quashing petition under Section 482 CrPC in the High Court if the FIR only mentions a misunderstood, non-sexual gesture like kissing on the cheek. Since intent is crucial, and if there’s no sexual intent or inappropriate behavior, the court may quash the FIR to prevent misuse of the law. Collect any evidence or witnesses to support your claim.
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Advocate Mahrukh Khan

Adv. Mahrukh Khan

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