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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
Yes, if the FIR only mentions that you kissed a child on the cheek and there was no sexual intent or inappropriate conduct, you can file a quashing petition under Section 482 CrPC before the High Court. The Supreme Court has held that criminal proceedings can be quashed if there's a clear abuse of process and no prima facie offence is made out. Since the gesture appears to be affectionate and misunderstood, you should also collect any supporting evidence or witnesses to show absence of intent.
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Adv. Mahrukh Khan
Mumbai | 200+ Answers
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